Attorneys for a former San Francisco police officer charged with manslaughter are alleging that the indictment was the product of “misconduct” by ousted District Legal professional Chesa Boudin.
Christopher Samayoa had been an officer for 5 days when he shot and killed Keita O’Neil, who was unarmed and fleeing from police on Dec. 1, 2017, in Bayview-Hunter’s Level, after allegedly carjacking a California State Lottery minivan.
Digital camera footage exhibits that O’Neil jumped out of the van and seemed to be operating previous the officers’ automobile when Samayoa fired a single, deadly shot via his personal window.
Greater than 5 years later, Samayoa’s attorneys contend that Boudin dedicated “egregious prosecutorial misconduct” by directing that the preliminary arrest warrant be filed whereas the primary District Legal professional’s Workplace investigator on the case was on trip.
In a courtroom submitting obtained Wednesday by The Chronicle, Samayoa’s attorneys allege that Boudin went across the investigator as a result of he, in addition to others who’d reviewed the case, didn’t imagine the case might be efficiently prosecuted.
Boudin, who couldn’t instantly be reached for remark, has known as O’Neil’s dying a transparent case of felony police conduct. In submitting costs in late 2020, he launched into a historic prosecution that has now change into a flashpoint of rivalry after Boudin’s recall and the election of his critic and rival, District Legal professional Brooke Jenkins.
The District Legal professional’s Workplace declined to touch upon the filings Wednesday evening.
O’Neil’s household has expressed fear about how Jenkins’ extra reasonable administration will deal with the case, which represents one of many first assessments of Jenkins’ dedication to police accountability.
Since she took workplace, Jenkins has made massive modifications within the unit tasked with investigating police misconduct, together with putting in a brand new head who clashed with O’Neil’s household.
Brian Ford, who represents O’Neil’s aunt, April Inexperienced, stated the household was anxious to listen to a response from the present administration on the filings, after rising involved about earlier delays.
“We’re very involved about what the movement alleges, what it might do to the case and any prospect of delay,” Ford stated Wednesday evening. “Her major concern on this case is that justice be executed for her nephew, her household and that the officer is held accountable.”
Samayoa is scheduled for a preliminary listening to on Friday morning, during which a decide would hear proof and resolve whether or not to ship the case to a jury trial. However the brand new courtroom movement threatens to push again the case but once more.
Within the filings, Samayoa’s lawyer, Michael Rains, asks the courtroom to dismiss the costs. Rains stated Samayoa had good motive, together with his current police academy coaching, to imagine that O’Neil might have been armed.
Joshua Sharpe is a San Francisco Chronicle employees author. E mail: joshua.sharpe@sfchronicle.com.