The San Francisco Police Department is ending its agreement with the San Francisco District Attorney's Office that granted prosecutor's authority to "independently" investigate police shootings, according to a statement released by the department on Thursday.
The "memorandum of understanding" was created in 2019 and renewed last year. It applied not only to police shootings, but also deaths that occur in custody and use of force cases that result in serious bodily injury.
SFPD Chief Bill Scott's decision to end the agreement stems from the recent developments in the ongoing case against police officer Terrance Stangel, who is accused of beating a man with a baton, causing serious injury in October 2019.
The man, Dacari Spiers, has since asserted that he was unjustly attacked, and that he was comforting his girlfriend at the time he was confronted by police.
However, DA investigator, Magen Hayashi, testified last week that she was told to conceal certain evidence, and she believed she would be fired if she didn't.
Hayashi said the withheld evidence was an interview with a witness who said that Spiers had been beating a woman before Stangel used his baton.
According to SFPD's statement, Hayashi said that the "understanding that I had in our unit was that our investigative steps, meaning the investigators, was not a two-way street with the police department and that we — they were to give us information, but we would not provide that back to them."
"It appears that the DA's Office has an ongoing practice of investigations against SFPD officers that includes withholding and concealing information and evidence the SFPD is entitled to have to further ancillary criminal investigations in accordance with the MOU," said Chief Scott in a letter to DA Chesa Boudin on Wednesday.
Boudin held a press conference on Thursday to respond to the allegations, which he said predated his administration taking office.
"This is the first time ever when a police officer on duty accused of unlawful force has actually been brought to a San Francisco jury," he said. "It is no coincidence that in the middle of that trial that the department chose to walk away from this MOU that has been working, based on allegations that predate my administration."
"I can assure you that when my office, when my team makes mistakes, we own them. And I can tell you that we did not make mistakes under my leadership in this case," he continued.
He added that the agreement was in place to ensure that "police officers will be independently investigated and held accountable when they violate the law."
"Police violence has disproportionately hurt communities of color and withdrawing from this MOU will disproportionately hurt those very same communities," Boudin explained.
There's also a backdrop of pressure on both sides with rank and file officers unhappy with the MOU and the DA facing a recall election in June.
"Regardless of what the chief’s intentions are, voters in San Francisco can be sure of one thing: Police accountability is on the ballot in June," Boudin said.
Boudin said he intends to sit down with the chief to try to salvage the agreement.
The memorandum will officially terminate in 15 days.
In the meantime, Scott has reached out to Attorney General Rob Bonta to get more information on other possible arrangements.
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