San Francisco prosecutors are charging an on-duty officer with homicide for only the second time in the city's history, District Attorney Chesa Boudin announced on Tuesday.
Boudin's office said in a release that a judge issued an arrest warrant on Tuesday after reviewing an affidavit charging Kenneth Cha, a San Francisco police officer, with voluntary manslaughter, assault with a semiautomatic firearm and enhancements for personal use of a firearm and inflicting great bodily injury. Cha shot Sean Moore twice on Jan. 6, 2017 while responding to a reported violation of a restraining order for noise harassment.
Coroners ruled Moore's death three years later a homicide after determining he died of acute intestinal obstruction stemming from the bullet wounds, Boudin’s office said.
"When officers inflict unwarranted violence in flagrant disregard of their training, it denigrates the hard work of other police officers and shatters the trust our community places in law enforcement," Boudin said in the release. "Rebuilding that trust requires us to hold those officers who inflict unlawful violence accountable."
Cha and his partner, Colin Patino, responded to a report in Ocean View that Moore, whose family said he was schizophrenic, violated a temporary restraining order prohibiting noise harassment. A neighbor handed Cha and Patino the restraining order papers, instructing the officers not to make a citizen’s arrest.
Moore said he didn't violate the restraining and profanely told officers to leave. Cha then pepper-sprayed Moore in the eyes, before Patino beat him with a baton and Cha shot him twice in the abdomen on his doorstep. Prosecutors said Patino hit Moore before Moore "struck back." Moore kicked in the direction of Cha, whose gun was drawn, before the officer shot him.
The encounter lasted eight minutes, the District Attorney's Office said.
Cleo Moore, Sean's mother, said through Boudin's office she was "very happy" Cha is facing charges. Prosecutors said she believes her son "was criminalized due to his mental health needs."
The officers alleged Moore punched and kicked them in the face. The San Francisco Police Officers Association said in a statement said Moore was "very hostile" and that the organization supported Cha's right to defend himself in this case.
A San Francisco Superior Court judge dismissed eight charges against Moore, including assault on a peace officer, and the First Appellate District Court of Appeal affirmed the ruling in 2018. The court ruled the officers violated Moore’s Fourth Amendment rights by refusing to leave his home.
Earlier this year, San Francisco settled a $3.25 million lawsuit with Moore's family, who took over the suit after his death.
The San Francisco Police Department didn't respond to KCBS Radio’s request for comment on Cha's status on the force following Tuesday's announcement. We will update this story when we hear back.
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