Memorandum
'San Francisco Police Department

To:

Gregory P. Suhr
Chief of Police
San Francisco Police Department

From:

Lieutenant Robert Yick #1264
Commanding Officer
Internal Affairs Division-Admin

Date:

June 11, 2015

Subject:

Officer-Involved Shooting #14-004

APPROVED

YES

NO

MEMBERS:

Lieutenant Jason Sawyer #1127 (Note: Hereafter, Lt. Sawyer is referred to as
"Sergeant," his rank at the time of this
incident.)
Officer Richard Schiff #1968
Officer Roger Morse #1923
Officer Nathan Chew #2088

TYPE OF INVESTIGATION:

Administrative- Officer-Involved Shooting
CASE NUMBER:

OIS 14-004
Case #140-240-512
DATE, TIME AND PLACE
OF OCCURRENCE:

March 21, 2014 at 1911 hours
Bernal Heights Park, San Francisco, CA

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INVESTIGATOR:

Sergeant Jayme Campbell #759
INCIDENT BRIEF:

On Friday, March 21, 2014, at approximately 1911 dispatch broadcast the call of
an "A Priority 221"- person with a gun- in Bernal Heights Park. 3H104, Sergeant
Sawyer #1127, and Officer Richard Schiff #1968 advised dispatch they were
responding to the call.

The description of the suspect was of a Latin male, 6'1", 200 lbs, wearing a bright
red jacket, black pants, and a black handgun on his hip. Further information had
come out that he was pacing back and forth by a chain link fence, and resting his
hand on the gun.

Sergeant Sawyer and Officer Schiff located the suspect on the north access road
inside Bernal Heights Park. Officer Schiff pulled up to within twenty-five to
thirty yards of the suspect at which time they exited their patrol vehicle,
weapons drawn, and took cover within the A-frame of their vehicle. Both the
sergeant and officer gave the suspect commands to show his hands. The suspect
took a "Weaver" stance; hands up in the gun ready position, right foot back. As
the suspect made this movement, the holster and gun became visible.

Sergeant Sawyer and Officer Schiff continued to give commands to the suspect to
show them his hands at which time the suspect replied, "Show me your hands!"
The suspect then drew his weapon, equipped with a laser, and pointed it at
Sergeant Sawyer and Officer Schiff. Sergeant Sawyer and Officer Schiff both
discharged their Department-issued firearms several times at the suspect. The

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suspect then seemingly took a tactical, prone position, with his arms extended
out in front of him and his head up.

By this time, 3H15D, Officer Roger Morse #1923 and Officer Nathan Chew
#2088, had arrived on the scene with Sergeant Sawyer. Both officers observed the
suspect in the prone position, and believed he was engaged in a gun battle with
Sergeant Sawyer and Officer Schiff. Believing their lives and the lives of Sergeant
Sawyer and Officer Schiff were in danger, both Officers Morse and Chew
discharged their Department-issued firearms several times.

Once Sergeant Sawyer believed the threat was over, he yelled, "Cease fire!" The
officers approached the suspect, and Officer Morse, who saw that the gun was
actually a taser gun, kicked it out of the suspect's hand to render the scene safe.
The suspect was then handcuffed and the officers rendered aid until the SFFD
Medics arrived.

FOCUS OF INVESTIGATION:

Was the firearm discharge involving Sergeant Jason Sawyer #1127, Officer
Richard Schiff #1968, Officer Nathan Chew #2088, and Officer Roger Morse
#1923 within Department policy and procedure?

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IDENTIFIED/INVOLVED PARTIES:

Member(s):

Lieutenant Jason Sawyer #1127 (then Sergeant)
Ingleside Station Patrol
Date of Entry:
Officer Richard Schiff #1968
Ingleside Station Patrol
Date of Entry:
Officer Nathan Chew #2088
Ingleside Station Patrol
Date of Entry:
Officer Roger Morse #1923
Ingleside Station Patrol
Date of Entry:

Witness(es):

Suspect:

Name:

Alejandro Nieto

Sex/Race:

Male/ Latin

DOB:
6'0"/ 1851bs

Ht. / Wt:

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Address of Record:
SF#:

N/A

CII#:
•

.

INVESTIGATIVE CHRONOLOGY:

Refer to Attachment A

INVESTIGATIVE FINDINGS:

The following investigative findings rely substantially upon interviews of
involved officers: Sergeant Jason Sawyer #1127, Officer Richard Schiff #1968,
Officer Roger Morse #1923, and Officer Nathan Chew #2088; and witnesses, that
were conducted by Homicide Detail investigators (handling the criminal
investigation memorialized in incident report 140-240-512) and by Internal
Affairs Division investigators (handling the administrative investigation of case
number OIS 14-004). These findings are based on additional sources of
information related to this incident, including the findings of Inspector John
Cagney's #341 criminal investigation, the Office of the District Attorney's review,
the incident report, written statements by responding officers, physical evidence,
CSI reports and analysis, and DEM CAD and audio records.
Incident Overview
On Friday, March 21, 2014, at approximately 1911hrs, dispatch broadcast the call
of an "A Priority 221"- person with a gun- in Bernal Heights Park. 3H104,

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Sergeant Sawyer #1127, and Officer Richard Schiff #1968 advised dispatch they
were responding to the call.

Sergeant Sawyer, a Field Training Sergeant, was conducting a ride-along with
Officer Schiff who was in the Third Phase of his Field Training. Officer Schiff was
the driver of their marked SFPD patrol vehicle while Sergeant Sawyer was the
front passenger that evening and they were wearing their Class B uniforms. It
was a clear yet windy day, and the sun was out providing ample light so the
officer was not utilizing any additional lighting from the patrol vehicle or
otherwise.

Dispatch broadcasted the description of the suspect, later identified as Alejandro
Nieto. The description, provided by a 9-14 caller who was in the park with
was of a Latin male, 6'1", 200 lbs, wearing a bright
red jacket, black pants, and a black handgun on his hip. Further information had
come out from the same caller that Nieto was eating chips or "sunflowers,"
pacing back and forth by a chain link fence, and resting his hand on the gun.

After searching the outskirts of the park with negative results, Officer Schiff, who
was familiar with the area, maneuvered the patrol vehicle around a gate that led
to a north access road into the park. As he drove up the hill and around a curve,
he and Sergeant Sawyer observed Nieto, dressed as described by the 9-1-1 caller,
walking down the hill towards their patrol vehicle. Officer Schiff pulled up to
within twenty-five to thirty yards of Nieto. Officer Schiff and Sergeant Sawyer
started to exit their vehicle. Per Officer Schiff, as he started to open his vehicle
door, Nieto had raised his arms a little and he could see a black holster on
Nieto's right hip. According to Officer Schiff, "It was black- it looked like a big
plastic holster with a 221 weapon, a firearm." It was at that point when Officer

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Schiff believed Nieto had a firearm. Officer Schiff subsequently drew his
Department-issued firearm and pointed it at Nieto while giving him commands
to show his hands.

Sergeant Sawyer stated that as they were coming up the hill, he could see Nieto
doing exactly what the caller had stated; walking and eating a bag of chips. He
said Nieto "fit the description exactly as the caller put out," and he could see a
bulge on the right side of Nieto but his sweatshirt was covering it. Sergeant
Sawyer stated that Nieto appeared to be oriented, not out of breath, or erratic,
and he was walking with a "normal gait." He said when they got to a distance
that he felt was appropriate to contact Nieto and still utilize the patrol vehicle as
cover, he told Officer Schiff to stop. He exited the vehicle with his Departmentissued firearm drawn, and used the right pillar of the door frame as cover while
Officer Schiff used the left pillar. Sergeant Sawyer said he gave Nieto several
commands to show his hands.

As Sergeant Sawyer and Officer Schiff yelled out the commands to show his
hands, Nieto took a "Weaver" stance; hands in front of him, above waist level
and "in the gun ready position," with his right foot back. As Nieto made this
movement, in one smooth motion, he lifted the right side of his sweatshirt,
pulled the weapon from the holster, pointed it at the officers, and said to them,
"Let me see your hands!"(per Sergeant Sawyer) or "Show me your hands!" (per
Officer Schiff).

Both officers saw a red laser sight emitting from Nieto's weapon directed at
them. Fearing they were about to be shot and killed, both Sergeant Sawyer and
Officer Schiff discharged their Department-issued firearms several times at
Nieto. Nieto, kept his arms extended in front of him with the weapon still

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pointed at the officers. He first dropped to his knees, and then went onto his
stomach, seemingly taking a tactical, prone position. In this position, Nieto kept
his arms extended out in front of him, weapon in his hands, and pointing at
Sergeant Sawyer and Officer Schiff. Nieto's head was still up causing the officers
to believe he was still firing at them.

Officer Schiff stated in his Homicide interview,
I told him [Nieto] to show me his hands. He didn't comply. He yelled
back at me at which point when I saw his shirt lift and I could see it I
told him I see- I tried to tell him I see the gun, he's already gone for it.
He drew it and once he drew it at that point I knew that if I had not
fired I could possibly be dead within the next few seconds.

Sergeant Sawyer explained in his Homicide interview,
We're in full uniform, it's easy to identify us, marked police vehicle
right with us. It's completely obvious who we are. At that point
because he had spoken English to us I know it wasn't a language
barrier, it did not seem he had some type of hearing issue, any type of
mental illness that would cause me to think it was anything other
than a man coming at us with a gun, with a gun pointed- it was not in
a low ready position, it wasn't pointed at the sky. It was pointed
directly at us. I thought he was going to shoot, fire and shoot me or
my partner. There was no question in my mind that this guy had bad
intentions and I fired to protect myself and to protect my partner.

While Sergeant Sawyer and Officer Schiff were engaged in gun fire with Nieto,
3H15D, Officer Roger Morse #1923 and Officer Nathan Chew #2088, had arrived
on the scene in their marked, SFPD Patrol vehicle. Officer Morse was the driver

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of the vehicle with Officer Chew as the front passenger, and they were both
wearing their Class B uniforms.

Officer Morse said as they were driving to the scene, he kept hearing the updates
of the suspect's location. Being familiar with Bernal Heights Park, he was also
aware of the gate leading to the north access road into the park. Just before
maneuvering the vehicle through the gate, he heard, who he believed to be,
Sergeant Sawyer state over the radio that they had Nieto in sight. As Officer
Morse began to make his way to Sergeant Sawyer and Officer Schiff's location
through the gate, he could hear shots being fired.

When Officers Morse and Chew first observed Sergeant Sawyer and Officer
Schiff's patrol vehicle, they were coming up from the rear of it. They could see
the passenger officer ducked down behind the passenger door. Officer Morse
stopped his patrol vehicle behind and to the right of Sergeant Sawyer's vehicle.
Believing Nieto was engaged in a gun battle with Sergeant Sawyer and Officer
Schiff, Officer Chew and Officer Morse exited their patrol vehicle. Officer Morse
took up a position next to Officer Schiff while Officer Chew stayed on the
passenger side of his own vehicle. Believing they too were about to be shot and
killed along with Sergeant Sawyer and Officer Schiff, they discharged their
Department-issued firearms several times.

In Officer Morse's Homicide interview he explained,
They're a little bit in front of me when I stopped the car. And then in
front of them, I couldn't tell you the distance but, I could see the
suspect who matches the description in the CAD proned out with
his arms in front of him, and he's holding a gun, and I just hear
popping sounds, and I see flashes and his hands are going like this

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[indicates recoil from firing a weapon] and I look at the passenger
who's still ducked down. I can't see who the driver is. I throw [the
vehicle] in park, run around, still popping noises, [Nieto's] hands
are still going like this [indicates outstretched in front of him] and so
I don't know exactly what point I drew my firearm but eventually I
drew it, drew down on the subject, start firing at him.
Officer Chew explained that just before they got through the north access gate,
he could see Nieto, with a red jacket on, standing in the middle of the road. As
they started up the access road, he lost sight of Nieto. They passed several
officers who were running up the hill on foot. Officer Chew said he then heard
five or six shots fired but did not know who was doing the shooting. He then
heard Sergeant Sawyer come up on the air and broadcast that they had an officer
involved shooting.
Officer Chew said Officer Morse pulled the patrol vehicle up behind
Sergeant Sawyer's vehicle and he could see Sergeant Sawyer on the
passenger side, gun drawn, pointing at Nieto. Officer Chew stated:
•

The suspect [Nieto] is now in a prone position pointing what looked
like a firearm, a dark firearm with a laser pointer on it. When I
exited the vehicle I could see that laser part kind of glint across my
eyes so I shifted to the right believing that he was trying to fire at
one of us. I fired my gun in an attempt to stop the threat.

Once Sergeant Sawyer believed the threat was over he yelled, "Cease fire!" None
of the officers continued firing after hearing that order, despite Officer Schiff and
Officer Morse believing a threat was still present. Officer Chew stated that he
stopped firing after he saw Nieto's head drop and the weapon get pulled in
towards his body.

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Per Sergeant Sawyer's direction, the officers approached Nieto, with weapons
still drawn, to assess the scene. As they approached, they gave Nieto commands
to not move. Nieto still had the weapon in both of his hands. When Officer
Morse got close enough, he kicked the weapon out of Nieto's hands to minimize
any threat. It was not until the officers had made this approach that any of them
recognized the weapon to be a Taser.

Officer Chew handcuffed Nieto while Officer Schiff checked for any vital signs.
He did not feel a pulse present. Sergeant Sawyer requested an ambulance "Code
3" (Emergency). Officers attempted to render aid until the SFFD Medics arrived.

SFFD Medic 89 and SFFD Engine 11 arrived on scene. Shortly thereafter, SFFD
Rescue Captain 3, Pung, arrived and announced Nieto deceased at 1928 hours.

Computer Assisted Dispatch (DEM) Records and Recordings
Certified copies of all Computer Aided Dispatch (CAD) records and the certified
audio recordings were obtained from the Department of Emergency
Management (DEM) and included with this report. The following noteworthy
broadcasts and CAD entries provide a sequence of events and approximate
timeframe for the incident.

)> Timeline of Significant Events
(Based on official DEM audio and CAD records)

• 9-1-1 Recorded Call
19:09:33

CHP transfers 9-1-1 call to SFPD Dispatch

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19:10:00-:20

SF Dispatcher gains information from 94-1 caller

19:10:40

9-1-1 caller gives dispatch susp. Descript.

• Radio Traffic/ CAD: "A priority 221"
19:11:47

Dispatch broadcasts the call.

19:12:16 (3H104)

"H104 responding."

** 8 additional units showed responding as back-up in CAD
19:12:40 (Dispatch)

Further info re: suspect.

19:12:46 (Dispatch)

Male is pacing back & forth by a chain link fence

19:14:16 (Dispatch)

Subj is still 97 (on-scene)... per RP he is eating
chips or sunflowers but resting his hand on the
gun.

19:15:53- :18:05

*communication betw. 3H104 and disp. re: the
unit's location and suspect location in park.

19:18:14 (3H104)

Indicates there is a guy with a red shirt walking
towards them.

19:18:18 (3H104)

"I got a guy right here"

19:18:40 (3H104)

"Code 33! Code 33! We got..."

19:18:42 (3H104)

"Shots fired! Shots fired!"

19:19:00 (3H104)

"Officer involved shooting. 408 Code 3"

19:19:40 (3H104)

"Making contact now"

*Approximately 28 seconds elapsed between the time 3H104 indicates haying
sight of Nieto and the time they broadcasted shots were fired.

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Crime Scene Investigations/Laboratory Examination

Crime Scene Investigations responded to the scene located on the north access
road in Bernal Heights Park. Evidence was seized and photos and crime scene
video taken. Members of the Traffic Collision Investigation Unit also responded
to map and diagram the scene. A written report was submitted and attached to
this investigation.

CSI logged several evidentiary items from the incident including, but not limited
to, the following:
• Forty-eight (48) .40 caliber casing located at scene.
• Three (3) SIG SAUER/ P226/ .40 caliber magazines.
• One "Taser International" Taser- including two Taser pins connected to
wire.
• Handcuffs from Nieto's left, rear, pants pocket.
• (2) Pepper spray canisters (Not SFPD issued).
• Four (4) Department-issued firearms of involved officers-(Sig Sauer P226)
• "Taser International" Taser holster on Nieto's belt from the Medical
Examiner.
• Bullets and fragments recovered by the Medial Examiner.

The following information was gathered from the Criminalistics Laboratory
Report:
Standard firearms examinations were performed on each of the four collected Sig
Sauer P226's (serial #'s

) in accordance

with the standard operating procedures of the Firearm and Toolmark Unit. Each
of the four pistols were examined separately and found to be functional using a

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magazine submitted with it. The trigger pulls were determined to be within the
manufacturer's specifications for each firearm.

Criminal Investigation
The Homicide Detail of the San Francisco Police Department was notified of the
Officer Involved Shooting and a criminal investigation into the incident was
initiated. Homicide Inspectors John Cagney #341, and Carl Bonner #1099, and
Sergeant John Burke #2240 responded to the scene, as well as Captain Jason Fox
#788.
Inspector Cagney, Inspector Bonner, and Sergeant Burke conducted interviews of
the involved members, and witnesses as part of their criminal investigation. The
interviews were voluntary and each of the involved members were represented
by POA Attorney Harry Stern.

Homicide Interview summaries:
Witnesses:
Civilian Witness

(9-1-1 caller)

told the investigator
friend,

had taken

dogs to Bernal Heights with

They parked their vehicle on Bonview St. [the northwest

side of the park] and walked around. As they were coming back "down" they
walked past Nieto, within 20 feet of him.

As they got approximately 100 feet past Nieto,
Nieto had a gun on his hip.

explained to h

informed

and

saw to s

saw

hat the gun was holstered on

the side of his belt and that he kept touching it in a "weird" way.
that,

that

said after

ogging towards Nieto's direction and

warned them to turn around because they believed Nieto had a gun.

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said

and

walked down some steps that led to where their car was

parked, and when they went down far enough to remain • at eye level with the
street yet still able to see Nieto, that was when

spoke to 9-1-1 Dispatch.

described where Nieto was standing and explained that Nieto was eating
chips and moving in a two or three foot circle, not really looking at anything,
and, "just kind of loitering in a weird way."

explained that Nieto looked

oriented; like he was waiting for something- not going anywhere and not there to
watch the sunset.
stated that while

was on the phone, Nieto started to walk their way;

down the hill towards the gate.

said

and

did not want Nieto to see

them so they walked further down the steps and lost sight of Nieto.

Dispatch asked
gone. When

went up,

going right over
behind it.

to go back up the steps a little ways to see where Nieto had

and
said h

heard the gunshots and believed the shots were
heads. They ran down the hill to their car and got

hought Nieto may have recognized

someone on him and was therefore shooting at

said

did not see the "shootout."

as calling

, but could not tell for sure.

did see an unmarked police car go by

them with its red and blue lights on, and did hear sirens. Before the shots were
fired,

did not hear any yelling or commotion of any type.

thought

later explained

may have been too far away to hear any commands because they

were walking down the steps.)

went on to explain that there were some

shots, then a pause, then more shots, and:

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[I]t lasted for maybe 20 seconds, 30 seconds; enough that it felt
legitimate that this guy [Nieto] could be looking at me and shooting
at me.
said after the shooting stopped, the Dispatcher told them to stay where they
were so the police could talk to them.

and

decided to get in their car

and move somewhere else for the police to meet them.

described Nieto has approximately 6'1 to 6'2, weighing approximately 220
to 225 lbs; late 20's to early 30's

said Nieto was wearing a red wind breaker,

and black pants, but could not see a shirt.

said nothing about Nieto's

demeanor stood out except that he was "just standing there looking 'sketchy',
waiting in one spot, not with any purpose."

The investigator asked

if

would have noticed Nieto if

anything to

.

said

something.

said another guy had walked near them after

had not said

did not take a second look until

the gun and they asked him if

saw what they had seen and

said

pointed out
said

did.

Civilian Witness

said

was walking

dogs in Bernal at approximately 6:30pm. They

walked clockwise, up on the west side going northbound when they passed a
man [Nieto] who was wearing a bright red jacket, black pants, and had a holster
on his right side with a pistol in it.

said Nieto kept pulling his jacket up and

showing the pistol, then he would put his hand on the pistol.

said

waited a bit until they passed Nieto and then

man has a gun."

affirmed to

that

told

"That

hould call the police. After they

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got approximately 100 to 150 yards past, they saw
told

but

around because of the guy with the gun.

said they started walking back to the car while talking to Dispatch and
stepped down the hillside until they were eye level to the street.

said Nieto

kept going through a chain link fence, then he would pop back out and shadow
box for a bit.

While they were standing down the hillside, they saw another
asked

if he saw Nieto and the

it was weird and tha

confirmed

hould not have "it" out like that.

and
did and told
said

told this

other man that they were talking to 9-1-1.

said Nieto started walking towards their direction so they started to walk
towards their car. As they were walking away,
things "flying around."
someone was firing at Nieto.
[B]elieve

said

heard shots fired and saw

believed Nieto was firing at them or that

explained tha

[Nieto] was shooting at us because I could hear

the bullets hitting around us.

said

got the sense that Nieto was coming after them down the hill

because their heads were poking up the hill and they were on the phone.

did not hear any screaming or hollering, but

started yelling at

to

get down.

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said they stayed on the phone with 9-1-1 and once the shooting stopped,
the Dispatcher told them that "they got the guy."
and picked up

said

got into

car

who had walked to Folsom St. to meet with the police.

When asked by the Inspector of Nieto's demeanor,
threatening but rather "in his own world."

said Nieto was not

said Nieto would look down, then

look off, then shadow box and that he only looked sort of crazy in that he was
shadow boxing. Nieto never said anything to them.

When asked to describe Nieto,

said he was not skinny, and only remembers

thinking Nieto was Hispanic, middle aged, stocky build, and wearing some sort
of hat.

When asked to describe the gun,

said it was not "Western looking," but

more like a cop's- rectangle handle.

sai

did not remember what color the

gun was but said it was not white, silver, or chrome.

said

never saw the police arrive bu

did hear sirens and

did see a

gray cop car with lights.

Involved Members:
Officer Richard Schiff #1968

Inspector John Cagney and Inspector Carl Bonner conducted the interview with
Officer Schiff who was represented by POA Attorney Harry Stern.

In Officer Schiff's voluntary statement he explained he was on a ride-along with
his Field Training Sergeant, Sergeant Sawyer during the time of the incident.

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They were on Mission St. completing a traffic citation when the call came out of
an "A priority 221 call [person with a gun] on Bernal Heights." Further
description indicated the subject [Nieto] was on the northern side of the park.

Officer Schiff, who was the driver of the marked patrol vehicle, drove to the area
in an attempt to locate Nieto. While en-route, Sergeant Sawyer was going over
tactics with him regarding what to look for once on scene. Officer Schiff said he
drove to the southern side of the park thinking he could gain access but the road
was blocked. Officer Schiff said he continued eastbound on the south side of the
park until he got to a north access road that had a gate.

Officer Schiff, unsure of Nieto's exact location, drove around the gate and onto
the ascending north access road. He said as he was driving up, he was looking
for a Latin male adult wearing a red jacket. He observed a

on the right

side of their vehicle as they were going up the hill who passed them but

did

not match the description given. Officer Schiff said as they started to come
around a curve, he saw a "flash" of something red and then saw Nieto emerge
from around the corner. Nieto was walking towards them and Officer Schiff got
to a point where he stopped the vehicle, however Sergeant Sawyer advised him
to pull up a little closer to get a good view of Nieto.

Officer Schiff put the patrol vehicle in park and started to exit the vehicle. As he
was doing this, he said he saw Nieto raise his arms slightly and that was when
he first saw the black holster on Nieto's right hip. He said, "It looked like a big
plastic holster with a 211 weapon, a firearm. Officer Schiff said,
At the point that I saw that, I drew my weapon obviously in fear that
he had a weapon. I pointed it at him. I told him to show us your
hands as well as I heard my Sergeant yelling to him to show us your

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hands. At which point he looked directly at us, made eye contact with
me, and then said- and this is about from 25 to 30 yards- he said,
'Show me your hands.'

Then he made a motion down, turned, drew the weapon and at that
point I began firing. Sergeant Sawyer also was firing, I know that for
sure.

Officer Schiff continued to describe the encounter and said that his weapon ran
out of bullets so he made a magazine change. He then reengaged Nieto who was
standing most of the time. Officer Schiff said:
At one point though he- I wasn't sure if he fell or not, but he
went down and laid flat on the ground in what would look like a
tactical position.

I could see a red light coming from whatever the firearm was that
he had pointing straight at us which to me meant he may have had
a laser on that. I continued to fire back until I heard my Sergeant
say'all right, cease fire, cease fire.

Officer Schiff said after they stopped firing, he saw two officers come up.
Sergeant Sawyer then gave the command for all of them to advance on Nieto.
Officer Schiff conducted a tactical reload in which he dropped the magazine
from his weapon and inserted a fresh, full one. As they got close, Officer Schiff
said he saw Officer Morse kick the firearm out of Nieto's hands. Officer Schiff
said as they got closer, the weapon looked like it could have been a Taser that
Nieto had pulled on them.

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Officer Schiff was not sure who handcuffed and searched Nieto, but he did see
what looked like a mace can laying on the ground. He said he rolled Nieto over
to make sure he did not have any additional weapons, and then checked for a
pulse. He said he did not feel a pulse.

Officer Schiff explained that other officers had come to secure the area by then
and he and the other involved officers were immediately removed from the
scene.

Upon answering follow-up questions by the Inspector, Officer Schiff gave a few
more details and clarifications regarding the incident. Per Officer Schiff:
• Nieto never said anything outside of the initial, "Show me your
hands."
• The lighting was very good; the sun was still up and it was behind
Nieto, so it was illuminating the officers who were in their Class B's,
and their marked Police vehicles.
• Nieto's movements with the weapon caused Officer Schiff to believe
Nieto possibly had prior military experience or some background
with firearms.
• Officer Schiff explained what he meant by Nieto "taking a tactical
position" as trying to lower himself to the ground to make himself
less of a target.
• Officer Schiff only stopped firing due to Sergeant Sawyer's
command to cease fire. Officer Schiff still believed Nieto was a
threat due to the position he was laying in.
• Nieto's red jacket and proximity to the Mission District caused
Officer Schiff concern that Nieto may be in a street gang.

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Sergeant Jason Sawyer #1127
Inspector John Cagney and Sergeant John Burke conducted the interview with
Sergeant Sawyer who was represented by POA Attorney Harry Stern.

In his voluntary statement Sergeant Sawyer explained that he was working as
the 3H104 that evening, conducting a ride-along with Officer Schiff. He was
wearing his Class B uniform and was the passenger in their patrol vehicle.

After just completing a traffic citation, he heard Dispatch broadcast the call of a
man with a gun and a distinct description was given; Hispanic male, six-feet tall,
220 lbs, wearing a red sweatshirt, black pants, with a gun on his waist. They were
in the area and began a response.

While en-route, Sergeant Sawyer went over some "table-top" exercises with
Officer Schiff about what to expect and what to look for once they got on scene.
Sergeant Sawyer advised Officer Schiff to start looking immediately at the
suspect for weapons, and to think about where to take cover if necessary.

When they first got to the park, they did not see anyone. Once they got further
direction, Officer Schiff drove into the park from an access road. It was on this
access road that they encountered Nieto. Sergeant Sawyer said he told Officer
Schiff to stop the vehicle at a distance he felt was appropriate to remain safe, yet
still have a clear view of Nieto. Once Officer Schiff stopped the patrol vehicle,
Sergeant Sawyer opened his door and took cover behind the passenger side door
pillar. He observed Officer Schiff take cover behind the driver side pillar.

While they were in this position, Nieto advanced towards them. He matched the
description he heard over the radio and appeared to be holding a bag of chips.

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Sergeant Sawyer said he yelled at Nieto to let him see his hands several times.
Nieto threw the bag of chips to the ground, lifted up the right side of his
sweatshirt, exposing the holster of the weapon, then said to the officers, "Let me
see your hands." Nieto continued to advance on them as he did this, and pulled
out the gun from the holster on his right side. Sergeant Sawyer said as Nieto
began to raise the gun, he could see a red laser sight emanating from the gun as
he pointed it directly at him and Officer Schiff.

Sergeant Sawyer said he fired his weapon at Nieto in the midst of yelling at
Nieto, "Police!" and "Drop the weapon!" Shortly after Sergeant Sawyer began
firing at Nieto, Nieto fell to his knees and appeared to prone himself out onto the
ground. Nieto's weapon was still pointed at him and Officer Schiff, and his head
was still up. Sergeant Sawyer continued to fire at Nieto until the point when
Nieto appeared to "go limp." Nieto's head went down and the gun went down.

Sergeant Sawyer said he yelled for a cease fire then coordinated a plan to
approach Nieto to check on his condition. By this time, Sergeant Sawyer knew
that Officer Morse and Officer Chew had come on scene, and the four of them
made an approach.

Sergeant Sawyer and the three other officers approached Nieto, while still giving
Nieto commands to keep his hands where they could see them. One of the
officers kicked the gun out of Nieto's hands. Sergeant Sawyer broadcasted over
the air that there had been an Officer Involved Shooting and that they needed an
ambulance. He said they turned Nieto over and it appeared he was still
breathing. They started to render aid and Nieto appeared to go out of
consciousness.

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Other units arrived on scene and took over. Sergeant Sawyer said he determined
who fired their weapons, and gave a Public Safety Statement to Sergeant Riskin.
Sergeant Sawyer said he and the other officers were separated, taken back to the
station and monitored.

Later in his interview, Sergeant Sawyer explained that he had been in many
critical incidents involving armed suspects but what stood out the most to him in
this incident was that the suspect was described as having the gun holstered on
his hip. He explained that in most cases, the suspect is described as either having
the gun in his hand, waving it around, or in his waistband, and either there is
merit or not. But in this case, hearing the detail of the holster was a rarity and
was what caused him to discuss tactics with Officer Schiff. Sergeant Sawyer said
as soon as Nieto came into his view, he could see a very clear bulge on his right
hip, under his sweatshirt.

Sergeant Sawyer said they did not utilize their lights and siren while en route as
it did not necessarily call for a "Code-3" response. He also said that the time of
day was such that they did not need to utilize their headlights or spotlights to see
Nieto. The sun was still pretty high in the sky, and it was behind Nieto,
illuminating them and their marked police vehicle. They stopped approximately
25 to 30 yards away from Nieto.

Sergeant Sawyer explained that when he exited his vehicle to take cover and give
Nieto commands, Nieto did not stop walking towards them or even seem to
"reflect on" those commands.

Nieto's movements were very fluid as he drew the weapon from its holster and
pointed it at him and Officer Schiff. Nieto got into a "Weaver stance"- his two

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feet and shoulders were squared towards them with the gun in both hands and
pointed at them.

When asked by Inspector Cagney what his state of mind was when he saw Nieto
make this movement and statement, Sergeant Sawyer said,
We're in full uniform, it's easy to identify us, marked police vehicle
right with us. It's completely obvious who we are. At that point
because he had spoke English to us I know it wasn't a language
barrier, it did not seem that he had some type of hearing issue, any
type of mental illness that would cause me to think it was anything
other than a man coming at us with a gun, with a gun pointed- it
was not in a low ready position, it wasn't pointed at the sky. It was
pointed directly at us. I thought he was going to shoot, fire and
shoot me or shoot my partner. There was no question in my mind
that this guy had bad intentions and I fired to protect myself and to
protect my partner.

Officer Roger Morse #1923

Inspector Carl Bonner and Inspector Cagney conducted the interview with
Officer Morse who was represented by POA Attorney Harry Stern.

In Officer Morse's voluntary statement he said on the day of this incident he was
working as the 3H15D along with a partner, Officer Chew. He was wearing his
Class B uniform and was the driver of their marked patrol vehicle.

The call came out regarding a man with a gun on his hip, and wearing red, in
Bernal Heights. He drove to the area but not in a "Code-3" manner. While enroute, dispatch gave updates on the suspect's location and what he was doing.

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Officer Morse explained that he was familiar with Bernal Heights Park and knew
that he could gain access into the park via a north access road. Before getting
through the gate, he heard Sergeant Sawyer come over the radio and state that
they could see the suspect. Once Officer Morse got through the gate to the access
road, he heard shots fired. He drove up the road passed several officers who
were walking up on foot.

Officer Morse could see Officer Schiff's vehicle and he pulled in behind, and to
the right of it. He said he could see both the passenger and driver of the vehicle
ducked behind the frames of their doors but could not tell who was who. In front
of Officer Schiff's vehicle was the subject who matched the description given by
dispatch, and he was proned out on the ground with his arms in front of him,
holding what Officer Morse believed was a gun. Officer Morse said he heard
popping sounds and saw flashes coming from Nieto's hands which appeared to
be recoiling as if he was firing a gun.

Officer Morse got out of his vehicle and ran around to the driver's side of the
other patrol vehicle. He could see Nieto who still appeared to be engaged in a
gun fight with the officers on scene. Officer Morse said he did not recall when he
drew his own weapon, but he began to fire at Nieto once he got to the driver side
of the other patrol vehicle to protect himself and the other officers.

Officer Morse said he could not hear any commands being given aside from
hearing Sergeant Sawyer, at some point, tell everyone to stop firing. Officer
Morse said that the only reason he stopped firing was because of Sergeant
Sawyer's command. Officer Morse said he did not feel the threat was over as
Nieto still had the weapon in his hands and it appeared to still be pointed at

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them. Due to the fact that he trusted and respected Sergeant Sawyer, he stopped
firing when he was told to.

Officer Morse said when they made their approach to Nieto, he could see Nieto
was moving in a sort of rocking motion and could hear gurgling sounds coming
from Nieto. Nieto still had the weapon in his hands until Officer Morse kicked it
away to render the scene safe, and then Officer Chew handcuffed Nieto. It was
not until this point that Officer Morse realized the weapon was a Taser instead of
a firearm.

Officer Morse described the weapon as looking like a black semi-automatic
[firearm]. Once he got close, he could see the small yellow lines across the sides
of it. Officer Morse said he could not tell if the Taser had been deployed.

Per Officer Morse, the sun was still out during the incident and he could see
clearly. He said that Nieto did not look familiar to him, that he only remembered
Nieto was wearing a red jacket, and seemed to be heavyset. When Officer Morse
heard about the red jacket, he immediately thought they would be dealing with a
Norteno gang member.

Officer Morse said he walked away after seeing Officer Chew handcuff Nieto
and did not see who rendered aid.

Officer Nathan Chew #2088
Sergeant John Burke and Inspector Carl Bonner conducted the interview with
Officer Chew who was represented by POA Attorney Harry Stern.

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In Officer Chew's voluntary statement he explained that on the day of the
incident he was wearing his Class B uniform and assigned as the 3H15D along
with a partner, Officer Roger Morse. They were patrolling in a marked SFPD
vehicle and he was the passenger while Officer Morse was the driver.

Officer Chew said he heard the call of a Hispanic male subject, in the area of
Bernal Heights Park, who was wearing a red jacket, black pants, and had a gun
on his waist. They responded to the area.

As they were approaching the access road into the park, he saw another patrol
vehicle up the road and saw a male subject wearing a red jacket standing in the
middle of the road in front of that patrol vehicle. Once Officer Morse got onto the
access road, he saw several officers on foot running up the hill towards the other
patrol vehicle.

After Officer Morse drove passed these officers, he heard approximately five or
six gunshots. Officer Chew said he did not know if it was the suspect [Nieto] or
the officers shooting. Shortly after hearing the shots fired, he heard over the
radio that there was an officer involved shooting.

Once they got up to the first patrol vehicle, Officer Chew said he saw Sergeant
Sawyer on the passenger side, gun drawn, and pointed at Nieto. Nieto was in the
prone position, pointing what looked like a dark firearm with a laser pointer on
it. Officer Chew said he was not sure who, either Sergeant Sawyer or Officer
Schiff was firing their weapon although he did hear one of them yell out,
indicating their magazine was empty or they were reloading.

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Officer Chew said when he exited his vehicle, Nieto had his head up as if to be
looking at them, and his arms were extended out, seemingly aiming the weapon
at them. Officer Chew said he could still hear shots being fired and he saw a red
laser "glint" across his eyes. Believing Nieto was trying to fire at him, Officer
Chew moved to his right then fired his Department-issued firearm back at Nieto
to stop the threat. Officer Chew stated:
I'm thinking if he's aiming a gun with a laser pointer at four
uniformed officers and two marked patrol cars, he's going to fire
it at us.

Officer Chew said he felt afraid and fired approximately four or five times at
Nieto and then saw his head drop as the weapon pulled in towards his body. He
stopped firing at this point and it was right around this time he heard Sergeant
Sawyer yell out to stop firing. Officer chew said he believed he also heard Officer
Morse yell out something to the effect of, "Let go of the weapon," or "Don't
move!"

After they stopped firing, Officer Chew said the four of them, Sergeant Sawyer,
Officer Morse, and Officer Schiff, approached Nieto with their guns still drawn.
When they got close enough, Officer Chew saw Officer Morse kick the weapon
out of Nieto's hands. It was at that moment that Officer Chew could see the
weapon looked like a Taser. Officer Chew described it as being black and having
a "boxy" look to it with a short handle. It was in the shape of a semi-automatic
handgun. Once the weapon was out of Nieto's hands, Officer Chew handcuffed
him.

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Officer Chew said after he handcuffed Nieto, he was told to move back so that
gloved officers could render aid to Nieto who was bleeding. Officer Chew said
he heard Sergeant Sawyer request an ambulance.

Medical Examiner Investigation:

Chief Medical Examiner, Amy P. Hart, M.D., Assistant Medical Examiner, Greg
B. Pizarro, M.D., and Forensic Autopsy Technician, Jerry Wedrychowski, all
members of the San Francisco Medical Examiner's Office, conducted a necropsy
of Alejandro Nieto on March 22, 2014 (case number 2014-0292).

Per the Medical Examiner,
The total number of gunshot wounds to the decedent's body may
be as few as fourteen (14) or as many as fifteen (15). The gunshot
wounds described may have been created by as few as ten (10)
bullets due to the ability to align the injuries in the upper
extremities with injuries of the head, torso, lower extremities, or
with each other.

The Medical Examiner's Office determined the cause of death to be "Multiple
gunshot wounds." Other conditions listed: "
Findings of the District Attorney:

The San Francisco District Attorney's office responded to the scene of this officerinvolved shooting and participated in witness/officer interviews. They
completed their own investigation and review. On February 12, 2015 the District
Attorney's Office concluded that,

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The officers were acting lawfully in self-defense and in defense of
others when they discharged their weapons at Mr. Nieto after he
drew and pointed a weapon which the officers reasonably believed
to be a firearm."

In their "Analysis and Conclusion" the District Attorney's Office stated,
In this case, Sergeant Sawyer, Officer Schiff, Officer Morse and
Officer Chew all clearly believed their lives, and the lives of the other
officers, were in imminent danger at the time they discharged their
firearms. Sergeant Sawyer and Officer Schiff both believed Mr. Nieto
had a firearm. Believing that Mr. Nieto was about to shoot them, and
in fear for their lives, both officer discharged their weapons at him.
Once Officer Morse and Officer Chew arrived at the scene they heard
gunshots and saw Mr. Nieto in a prone position with his arms
outstretched in front of him holding what they each believed to be a
semi-automatic firearm. Both officers began firing at Mr. Nieto to
protect themselves and the other officers. All four officers continued
to believe their lives were in danger and continued to fire until Mr.
Nieto's head and weapon went down and Sergeant Sawyer ordered
the officers to cease fire.

The belief of each officer that Mr. Nieto's weapon was a firearm was
clearly reasonable. The Taser recovered from Mr. Nieto was black in
color, shaped like a large frame pistol, and equipped with a red laser.
At the time of the incident the Taser was armed, its red laser was
activated, and the laser was focused in the direction of the officers.
Although the Taser had several yellow striped along the sides of the
left and right frame sections, they would not have been visible to the

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officers when the Taser was in its holster or when the Taser was
pointed directly at them from a distance of 25 to 30 yards away. The
officer were responding to a call of a man in the park reported to
have a gun and saw what appeared to be a gun as soon as they
encountered him on the hill. Mr. Nieto refused to obey orders to
show his hands and, instead, immediately drew his and pointed his
weapon at the officers. Mr. Nieto's actions gave the officers no
opportunity to discover that his weapon was not a firearm before
having to act to protect themselves and their fellow officers from the
threat of death or great bodily harm.

Under these facts, the use of deadly force was justified. It is, therefore,
our conclusion that Sergeant Sawyer, Officer Schiff, Officer Morse and
Officer Chew acted lawfully.

Administrative Investigation

The Internal Affairs Division was notified of the Officer Involved Shooting and
an administrative investigation was initiated. The investigation was led by me,
Sergeant Jayme Campbell #759, and I was assisted by Sergeant John Crudo.
The Homicide interviews, Administrative interviews, Incident Report, CAD,
Crime Scene Report, Criminalist Report, District Attorney's Report, Medical
Examiner's Report, Homicide Report, and applicable Department General
Orders were reviewed in preparation of this Summary Report,

Internal Affairs Division Interviews:
Sergeant Sawyer
Sergeant Sawyer and his POA Attorney Harry Stern responded to the Internal
Affairs Office on May 16, 2014 and provided me with a compelled statement. I
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was assisted by Sergeant John Crudo #1694. Sergeant Sawyer was advised of his
Police Officer Bill of Rights and was provided a Lybarger Admonition.

Sergeant Sawyer's statement was consistent with the interview he provided to
the Homicide investigators. His account of the details leading up the shooting
did not vary. The main questions I asked Sergeant Sawyer were in relation to
policy and procedure. Other questions I asked were to gain more specific
information in addition to the information obtained from the Homicide
interview.

Sergeant Sawyer was working as the 3H104, patrol Sergeant on the evening of
this incident. He was utilizing a marked patrol vehicle for this assignment and
was wearing his Class B uniform, with his Department star on his outermost
garment. He was equipped with his mandated Department-issued equipment,
namely his fully loaded firearm, two extra magazines, O.C. spray, baton,
handcuffs, and radio.

After Sergeant Sawyer gave me a narrative of what happened that evening, I
asked him specific questions about certain details. One of the details that I
gained from this Internal Affairs interview was when Sergeant Sawyer learned
Nieto's weapon was a Taser. Sergeant Sawyer said he realized the weapon was a
Taser upon their approach to assess Nieto's condition. He indicated that he could
see the Taser had been "activated" because he could see the prongs attached to
the leads that had been deployed from the weapon. Sergeant Sawyer said he had
no experience with Tasers and had no idea, prior to this incident, that they were
equipped with red laser sights. Due to his training and experience with firearms,
Sergeant Sawyer knew that lasers are primarily an "after-market" accessory
typically affixed to firearms to allow for more accurate shooting. Sergeant

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Sawyer stated that Nieto was very fluid with his manipulation of the weapon
and his movements were that of someone firing a gun.

I asked Sergeant Sawyer if he ever received, either before or during his encounter
with Nieto, any information regarding his mental status. Sergeant Sawyer said
he did not receive any information of the sort, and there was nothing specific that
allowed him to ascertain Nieto's mental health status. Sergeant Sawyer went on
to explain,
He [Nieto] did not suddenly stop to have like a stand-off and
not obey our commands while he's waiting for us and hesitate.
He was marching at us at a steady pace, I didn't even know if he
was going to stop, and upon hearing our commands,
immediately issued or told us to 'show me your hands' and
then as fast as someone can, he pulled the gun out right away
and pointed it right at us.

Sergeant Sawyer said Nieto never gave them a chance to pause or try to negotiate
anything. Nieto never gave them a chance to have a dialogue before he pulled
the weapon from his waistband, pointed it at them, and activated the red laser
sight. As soon as Sergeant Sawyer saw the red light, he fired his weapon at Nieto
because he thought he or Officer Schiff was about to be shot.

I asked Sergeant Sawyer if, aside from all the officers wearing their Class B
uniforms and being in marked patrol vehicle, he had a chance to verbally
identify himself to Nieto as a Police Officer. Sergeant Sawyer said he recalled
yelling out something to the effect of, "Police! Stop! Show me your hands!"
Sergeant Sawyer said he did not believe there was any way a reasonable person
would not recognize them as Police Officers.

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When I asked Sergeant Sawyer if any other force options were reasonable in this
incident, namely the Extended Range Impact Weapon (ERIW- Less lethal), he
explained that there were no other reasonable options other than lethal when the
call is of a person with a gun.

When the situation was safe to do so, Sergeant Sawyer notified Dispatch that
there had been an Officer Involved Shooting and that he needed an ambulance.
He also provided a Public Safety Statement to Sergeant Riskin prior to being
transported from the scene.

I asked Sergeant Sawyer what his intent was in responding to the call and he said
that his intent was for a "peaceful resolution." In cases where the person actually
has a gun, Sergeant Sawyer said, there are numerous options for that person to
end the situation peacefully and that, as a Police Officer, he gives the person
every opportunity for that, however, this was not the case. Sergeant Sawyer felt
that he had to protect himself.

Officer Schiff

Officer Schiff and his POA Attorney Harry Stern responded to the Internal
Affairs Office on May 16, 2014 and provided me with a compelled statement. I
was assisted by Sergeant John Crudo #1694. Officer Schiff was advised of his
Police Officer Bill of Rights and was provided a Lybarger Admonition.

Officer Schiff's narrative of events in this Administrative interview was
consistent with the interview he provided to the Homicide investigators. The
main questions I asked Officer Schiff were in relation to policy and procedure.
Other questions I asked were intended to gain specific details of the information
obtained from the Homicide interview.

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Officer Schiff confirmed he was on a ride-along with Sergeant Sawyer. He had
switched patrol vehicles from the one he started the evening in to Sergeant
Sawyer's vehicle for his ride-along. Officer Schiff said he was the driver that day,
and that he would generally set up his vehicle with an Extended Range Impact
Weapon (ERIW) however, he could not recall if, on this night, he switched the
ERIW into Sergeant Sawyer's vehicle. He said he was wearing his Class B
uniform with his Department-issued star exposed on his outermost garment. His
duty-belt was equipped with the Department mandated equipment, namely, his
fully loaded Department-issued firearm, two extra magazines, O.C. spray, baton,
handcuffs, and radio.

On the day of the incident, he had just completed a traffic citation when the call
of a person with a gun came out. Officer Schiff said he came up for the run and
recalls that the description was of a male wearing a red sweatshirt, with a plastic
holster on his right hip, with a gun inside it, and that he was sitting on a bench
eating chips. Officer Schiff said he did not respond in a "Code-3" manner; he did
not activate the lights and sirens, but immediately headed to the area to search
for the subject.

Officer Schiff explained that as he got into the park, via the north access gate, he
drove around a curve in the road and that was when he saw Nieto, described as
dispatch stated, walking at a fast pace, directly towards their vehicle. Nieto was
"walking with a purpose." Because of the time of day and the lighting, there was
no need for headlights or spotlights. Everything was easy to see, including that
they were in a marked Police Vehicle.

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Officer Schiff said he slowed his vehicle down when they were about fifty yards
away from Nieto. Sergeant Sawyer told him to pull up a little closer until they
got to about twenty-five to thirty yards away from him.

Officer Schiff said as soon as he stopped the car, he drew his weapon and
attempted to take cover in the driver side doorjamb. He drew and pointed his
firearm at Nieto, due to the nature of the call, and gave Nieto orders to show his
hands. Nieto walked a little closer towards them, stopped, and yelled, "Show me
your hands!" Nieto then drew his weapon from the holster with his right hand,
and pointed it at them. Officer Schiff believed he and Sergeant Sawyer were
about to be shot. Officer Schiff fired his weapon at Nieto in his own, and
Sergeant Sawyer's, defense. Officer Schiff said he saw a red laser light emitting
from Nieto's weapon as soon as it was pointed at him. He described the weapon
saying it "looked like to be a large-caliber black handgun."

While Officer Schiff was firing from his Department-issued firearm, he ran out of
ammunition forcing him to make a magazine change. Officer Schiff said Nieto
continued to stand with his arms outstretched with the weapon still pointed at
them. Officer Schiff believed Nieto had continued to fire at him and therefore
continued to fire at Nieto. Nieto went down to the ground, onto his stomach as if
to get into a tactical, prone position, with his arms and weapon still outstretched
in front of him and pointed at Officer Schiff and Sergeant Sawyer with the laser
sight still emitting from it. Officer Schiff said he believed Nieto did this to make
himself a smaller target, and that Nieto's movement into this position made
Officer Schiff think that he may have had some military training.

Officer Schiff said he continued to fire until he heard Sergeant Sawyer yell out
"Cease fire!" Once he stopped firing, he realized other officers (Morse and Chew)

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had come up behind them. The four of them tactically approached Nieto. Officer
Schiff had done a tactical reload prior to making this approach to ensure he had a
full magazine in the event Nieto came up firing again.

Once they approached Nieto, Officer Schiff said he saw Officer Morse kick the
weapon out of Nieto's hand. Officer Chew and another officer began cuffing
Nieto. Officer Schiff saw that Officer Chew was getting blood on his bare hands
so he told him to step back. Officer Schiff put on rubber gloves and took over for
Officer Chew. Officer Schiff said he found a "couple cans of mace" and some
handcuffs on Nieto. Once Officer Schiff felt Nieto was secure, he checked for a
pulse and did not feel one.

Officer Schiff said someone asked him if he was involved in the shooting and
then told him he had to be separated from the others. He said another officer
took over rendering aid to Nieto but he could not remember who, and that he
heard someone call for an ambulance over the radio.

Officer Schiff said he did not realize the weapon Nieto was pointing at them was
not a gun until Officer Morse kicked it out of Nieto's hands. At that point he then
saw two wires coming out of it and then assumed it to be a Taser. Officer Schiff
said he did not have experience with Tasers.

I asked Officer Schiff if, from the time the call came out to the time he had
observed Nieto, he was given any information regarding Nieto's mental status.
Officer Schiff said he had not. When I further asked Officer Schiff if he could
ascertain Nieto's mental status once he contacted him, Officer Schiff said,
What I can say is that he clearly understood my command with
his response and he clearly recognized that I was a threat

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having my weapon out and having my vehicle and being a
police officer and being clearly marked. So at that point I could
determine that if somebody who was able to, you know,
cognitively answer me and respond to my commands and then
refuse to do so, at that point, all I could speculate is that he at
least knew who we were and he was aware of the decision he
was making.

I asked Officer Schiff if Nieto's mental status became a concern for him once he
was faced with this situation and he said he was not at that point. He stated that
he was concerned with the threat, his safety, and the safety of others. Officer
Schiff indicated further that even if he had been given information regarding a
mental issue, he would have responded the same way until it was determined
whether or not there was a credible threat of a firearm.

Officer Schiff said the incident happened "way too fast," when I asked him if he
had a chance to identify himself, verbally as a Police Officer. He explained that
being he was in a marked police vehicle, wearing his uniform, and giving his
commands, "There's no way he [Nieto] wouldn't have known who or what I
was." and "I believe it would have been impossible for him not to know I was a
police officer." Officer Schiff also explained that the only warning he gave was
for Nieto to show his hands, and by the time Nieto responded, there was no
more time to give any other warning.

Officer Schiff, when explaining why he fired, stated,
I believed he was going to fire on me and I was in fear for my life
and the life of my partner and anyone else who was in the area.

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When describing his back-drop, Officer Schiff described it as the hillside and the
road. He could not see any houses.

Officer Schiff said his intention for responding to the scene was to see whether or
not there was merit to a weapon and to try to make the scene safe; to make sure
there were no threats and to stop any threats.

Officer Morse
Officer Morse and his POA Attorney Harry Stern responded to the Internal
Affairs Office on May 16, 2014 and provided me with a compelled statement. I
was assisted by Sergeant John Crudo #1694. Officer Morse was advised of his
Police Officer Bill of Rights and was provided a Lybarger Admonition.

Officer Morse's statement was consistent with the interview he provided to the
Homicide investigators. The details he provided leading up to the incident did
not vary. The main questions I asked Officer Morse were in relation to policy and
procedure. Other questions I asked were to gain more specific information in
addition to the information obtained from the Homicide interview.

Officer Morse said on this evening, he was working with Officer Chew and he
was wearing his Class B uniform with his silver star displayed on his outer most
garment. He said he was equipped with the required gear for patrol including: a
Department-issued radio, his Department -issued firearm, along with two extra
magazines, OC spray, and a baton as additional force options. He was the driver
that evening of their marked SFPD vehicle.

I started off by asking Officer Morse what his thoughts were when he first heard
the call of a person wearing red and with a gun at Bernal Heights Park. Officer

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Morse said when he first heard that, he was thinking there was a Norteno gang
member in the park. This made the threat of an armed subject a bit more credible
to Officer Morse.

Officer Morse said he did not recall receiving any information on the mental
status of the subject prior to contacting him, but that he was CIT trained (Crisis
Intervention). He said that the mental status of the subject was not in the
forefront of his mind because the call was of a person with a gun and that took
precedence over anything else.

When Officer Morse first got to the scene, and drove up the access road, he heard
gunshots. He pulled the patrol vehicle up behind the first vehicle on scene and
could not tell who the passenger or driver were. He could see Nieto "proned
out" with his arms out forward. Officer Morse said Nieto's hands were moving
as if they were recoiling from the gun fire. He could see flashes and dust flying,
and could see what looked like a black semi-auto[maticl firearm in Nieto's hand.
Officer Morse did not immediately draw his weapon but rather checked on the
passenger Officer, who appeared to be uninjured, then went around the back of
that vehicle to the driver side and saw the driver Officer appeared fine as well.

Officer Morse believed Nieto was firing upon the Officers and began firing his
Department-issued firearm at Nieto. When I asked Officer Morse why he fired
his weapon he stated,
[T]o stop this guy from shooting at us. Well, you know, Schiff and
Sawyer.

I asked Officer Morse if he had any fear that Nieto was going to fire at him as
well and he said,

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Yeah, I did, for sure. Even when I-right when I exited I said I just
knew I said okay I'm probably going to take fire but I wanted to
make sure that those guys were okay so.

Officer Morse said that he was firing for the protection of Sawyer, Schiff, himself
and his partner. Officer Morse said he was unable to give a warning before firing
his weapon. He explained that he was already engaged in a gun fight and if he
tried to stand there and give a warning, somebody could get hurt.

I asked Officer Morse what his target was, and what his backdrop was if he
knew. He told me that his target was Nieto, who he was able to acquire his sights
on. He further stated that his background was slightly uphill and that there were
trees. He felt it was, "pretty clear."

When I asked Officer Morse why he stopped firing, he said it was because he
heard Sergeant Sawyer yell out to stop firing. He explained that he did not feel
the threat was over because they had not gotten the weapon out of Nieto's hand
and he did not know if Nieto was still alive or not.

Officer Morse said once they stopped firing, Sergeant Sawyer advised them that
they needed to approach. As the four of them approached Nieto, Officer Morse
said he was fearful because the weapon was still in Nieto's hands. He recalled
saying something to the effect of, "Don't move" to Nieto. He said it looked like
Nieto was sort of rolling slightly, and the weapon was still in Nieto's hand. It
was not until he was right over Nieto's hands that he noticed the weapon was a
Taser. He said even then he was not completely sure it was a Taser because he is
not familiar with them. Nieto had a strong grip on the handle in a manner that

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someone would be holding a gun, and when Officer Morse attempted to kick the
gun away, he had some difficulty.

I then asked Officer Morse if any other force options would have been reasonable
in this situation and he said no other options were reasonable, especially because
the call was of a person with a gun.

I asked Officer Morse what his intent was in responding to the scene and he said
it was to find the subject with the gun and take him into custody. His intent in
firing at Nieto was to stop him from harming him and his fellow officers.

Officer Chew
Officer Chew and his POA Attorney Harry Stern responded to the Internal
Affairs Office on May 16, 2014 and provided me with a compelled statement. I
was assisted by Sergeant John Crudo #1694. Officer Chew was advised of his
Police Officer Bill of Rights and was provided a Lybarger Admonition.

Officer Chew's statement was consistent with the interview he provided to the
Homicide investigators. As with the previous three officers, the details Officer
Chew provided leading up to the incident did not vary. The main questions I
asked Officer Chew were in relation to policy and procedure. Other questions I
asked were to gain more specific information in addition to the information
obtained from the Homicide interview.

Officer Chew explained that on the evening of the incident he was wearing his
Class B uniform and he had his silver star pinned to his outermost garment. He
was equipped with his radio, his fully-loaded Department-issued firearm, O.C.

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spray, handcuffs, belt-keys, and extra magazines. He was the passenger in a
marked SFPD vehicle.

On the night of the incident, Officer Chew recalled it was still bright out. There
were no street lights and it was a clear day. The call came out of a person with a
gun in Bernal Heights Park up on the hill. He recalled dispatch saying that the
caller described the subject [Nieto] as acting a little strange or aggressive towards
people out there. Nieto was also described as wearing a red jacket.

Officer Chew said when they began their response, they were not going Code-3
(lights and sirens) but they were able to use the freeway and got to the area
quickly. His thought process, while en route, was to make sure that the scene
was safe.

I asked Officer Chew if there was any description given, however specific, about
the mental status of the subject and he said "No." Officer Chew also explained
that if he had this kind of information that Nieto had mental health issues, his
response or contact once he saw Nieto would not have been different. He said
that by the time he saw Nieto, it looked like Nieto was pointing a gun in his
direction and the direction of his fellow officers, and whether or not Nieto had a
mental condition, he was going to defend himself and his coworkers.

Officer Chew explained that before he got through the gate to the access road, he
could see a subject in a red jacket, presumably Nieto, standing in front of a patrol
vehicle. Once they got through the gate there was a curve in the road, and his
view of Nieto and the patrol vehicle was blocked by a tree. Prior to regaining a
visual of them, Officer Chew heard approximately six gunshots. This caused him
to believe Nieto was firing at his coworkers or that they had some reason to fire

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at Nieto so he drew his weapon just prior to his vehicle coming to a stop. Officer
Chew explained what he saw the next time he had a visual of Nieto:
He's [Nieto] in a prone position with both arms pretty much fully
extended holding what looked like a gun to me with a laser
pointer on it and I could see the laser pointer kind of brighten up
so I believe he was kind of scanning in my direction or Officer
Morse's direction too.
(Officer Chew described the prone position as "a tactical position to steady your
arms a little bit better to get a better aim on your target.")

Officer Chew went on to say,
...first thing I saw was that red laser pointer and I got- I was
afraid so I moved to the right, shifted to the right quickly then
shifted back to the left just to make sure he wasn't firing in my
direction, evading, yeah.

Officer Chew said that what he knew of a red laser was that they were put on
firearms and used for aiming purposes.

I asked Officer Chew if he was familiar with Tasers and if he was aware that
Tasers also have red lasers. He said he was not familiar with Tasers but was
aware that they have red lasers as well. I asked him what he saw in Nieto's hand
and he said, "The shape of a handgun." I asked Officer Chew if there was any
reason for him to believe that the object in Nieto's hand was anything but a gun
and he replied,
No, just the moment is so quick that I'm just going to
automatically believe it's a gun due to the nature of the call at the
same time.

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I asked Officer Chew if he was able to identify himself as a Police Officer to
Nieto, aside from wearing a Police uniform. Officer Chew said he was not able to
because after seeing the laser pointed at him, he felt like he did not have time.
Officer Chew did not believe there was any reason Nieto would not know he
was a Police Officer and explained that he was in his full Police uniform, in a
marked patrol vehicle with lights on the top, and Sergeant Sawyer was in his full
uniform with his marked vehicle as well.

I asked Officer Chew if it was feasible for him to give Nieto a warning before he
fired his weapon at him and he said that it was not because he did not feel like he
had time.

When asked what his intent was in firing his weapon, Officer Chew said it was to
protect himself, his coworkers, and citizens in the area. He believed Nieto was
dangerous. He said he stopped firing when he noticed Nieto's head drop to the
ground and either one or both of his arms pulled in towards his body. At this
point, the tip of what he thought was a gun, was no longer pointed in their
direction. Officer Chew recalled hearing Sergeant Sawyer call out a cease fire, but
by then he saw Nieto's head go down and he was not going to fire again.

Officer Chew described when he first realized the weapon in Nieto's hand was a
Taser. He said it was not until after they approached Nieto; when Officer Morse
had kicked it out of Nieto's hands. Officer Chew said he could see that parts of it
were black and that it looked like the prongs had been ejected already. He said
he believed the red laser was still emitting from it. He described the shape as that
of a firearm.

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I asked Officer Chew if he felt any other force options were reasonable in this
situation, namely the Extended Range Impact Weapon (ERIW). Officer Chew
said the initial call was of someone with a gun and the ERIW is not something he
would use against someone with a gun.

I asked Officer Chew if he had any intrusive thoughts about his life or family
while he was in this perceived gun battle with Nieto. He said that initially when
they got to the scene and stepped out of his vehicle, he could not see the other
Officer with Sergeant Sawyer. He said he thought the Officer had been shot and
that was why Sergeant Sawyer was engaging Nieto as well. Officer Chew said he
was afraid for the other Officer and also afraid for himself and Officer Morse.

Officer Chew said after they ceased fire then made their approach to assess Nieto
and render the scene safe, he began to handcuff Nieto, and while doing so heard
Sergeant Sawyer call for an ambulance. He said he did not know who initially
rendered aid to Nieto because he did not have gloves on and was pulled away
from Nieto so other Officers could take over.

Officers' Training and Experience:
Sergeant Sawyer entered the San Francisco Police Department on J
He completed the Basic Academy training on

.

. Sergeant Sawyer

has extensive training in Law Enforcement tactics and was in compliance with
his Bi-annual firearms qualification.

Officer Schiff entered the San Francisco Police Department on
completed the Basic Academy training on

and
3. He was in

compliance with his Bi-annual firearms qualification.

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Officer Morse entered the San Francisco Police Academy on
completed the Basic Academy training on

and

. He completed the forty

hour Police Crisis Intervention II course in October of 2012. Officer Morse was in
compliance with his Bi-annual firearms qualification.

Officer Chew entered the San Francisco Police Department on
and completed the Basic Academy training on

. He was in

compliance with his B-annual firearms qualification.

Post Discharge Actions:
As required by Department General Order 8.11, Sergeant Sawyer, Officer Schiff,
Officer Morse, and Officer Chew were placed on administrative assignment. The
General Order states:

Officers who discharge a firearm in an officer-involved shooting will
be reassigned to his or her respective Bureau Headquarters. Officers
shall not return to regular assignment for a minimum of 10 calendar
days. This reassignment is administrative only and in no way shall
be considered punitive.

While on administrative assignment, Officer Schiff, Officer Morse, and Officer
Chew responded to the Behavioral Sciences Unit for a debriefing on March 25,
2014 and Sergeant Sawyer responded on March 27, 2014. The debriefing was
facilitated by Sergeant Stephanie Long #128.

Officers Schiff and Chew responded to the Lake Merced Range on March 25,
2014 and Sergeant Sawyer and Officer Morse responded on March 27, 2014.
Officer Nick Shihadeh #1612 facilitated the post-discharge weapon debrief and

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reviewed the proper manipulation of their replacement firearms and related
Department Policies and Procedures.

Sergeant Sawyer and Officer Morse responded to the San Francisco Police
Department's Regional Training Center on March 27, 2014 and Officers Schiff
and Chew responded on March 28, 2014 for a post-discharge force options
debrief led by Officer Kirk Tomioka. Each of the officers satisfactorily completed
three "Use of Force" scenarios.

On March 28, 2014, Deputy Chief David Shinn #1276 (ret.) convened a Return to
Duty Panel to consider whether to recommend to Chief Suhr the return of
Sergeant Jason Sawyer, Officer Richard Schiff, Officer Roger Morse, and Officer
Nathan Chew to their regular assignments. The Homicide Detail provided a
summary of the initial findings of the criminal investigation. The panel
recommended the return of all four officers to their regular duties and forwarded
their recommendations to Chief Suhr.
Chief Suhr concurred with the Return to Duty Panel's recommendation. A letter
regarding this decision was sent to the Police Commission's President at the
time, Thomas Mazzucco, dated March 28, 2014. The Chief's decision was
presented to the Police Commission on April 2, 2014, after which Sergeant
Sawyer, Officer Schiff, Officer Morse and Officer Chew were returned to their
regular assignments.

CONCLUSION:
The focus of this administrative investigation is whether Sergeant Jason Sawyer
#1127, Officer Richard Schiff #1968, Officer Roger Morse #1923, and Officer

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Nathan Chew #2088 discharged their Depar ment-issued firearms on March 21,
2014 in accordance with San Francisco Police Department Policy and Procedure.
The criminal investigations, conducted by the San Francisco Police Department
Homicide Detail and by the Office of the District Attorney of the City and
County of San Francisco, concluded that Sergeant Sawyer, Officer Schiff, Officer
Morse, and Officer Chew had acted lawfully on March 21, 2014. District Attorney
George Gascon specifically noted in the District Attorney's charging decision
that, "[The officers were acting lawfully in self-defense and in defense of others
when they discharged their weapons at Mr. Nieto after he drew and pointed a
weapon which the officers reasonably believed to be a firearm."

The administrative investigation considered the criminal investigative findings,
statements, and evidence as well as the following applicable statute and
Department General Order provisions:

Penal Code Section 835a:
Any peace officer who has reasonable cause to believe that the person to
be arrested has committed a public offense may use reasonable force to
effect the arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat
or desist from his efforts by reason of the resistance or threatened
resistance of the person being arrested; nor shall such officer be deemed
an aggressor or lose his right to self-defense by the use of reasonable force
to effect the arrest or to prevent escape or to overcome resistance.

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Department General Order 5.01 (Use of Force rev. 10/4/95) states, in part:
D. CATEGORIES OF FORCE TO EMPLOY (IN ASCENDING ORDER OF
GRAVITY)

1. When the use of force is necessary and appropriate, officers shall, to the
extent possible, utilize an escalating scale of options and not employ
more forceful measures unless it is determined that a lower level of
force would not be adequate, or such a level of force is attempted and
actually found to be inadequate. The scale of options, in order of
increasing severity, is set forth below:
a. Verbal Persuasion
b. Physical Control (e.g., passive resister, bent wrist control,
excluding the carotid restraint)
c. Liquid Chemical Agent (Mace/ Oleoresin Capsicum)
d. Carotid Restraint
e. Department-Issued Baton
f. Firearm
2. It is not the intent of the order to require officers to try each of the
options before escalating to the next. Clearly, good judgment and the
circumstances of each situation will dictate the level at which an officer
will start. Officers using any type of force are accountable for its use.

E. REASONABLE FORCE
1. Officers must frequently employ the use of force to effect arrests and

ensure the public safety. It is not intended that any suspect should ever
be allowed to be the first to exercise force, thus gaining an advantage in
a physical confrontation. Nothing in this order should be interpreted to
mean that and officer is required to engage in prolonged hand-to-hand
combat with all its risks before resorting to the use of force that will

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more quickly, humanely and safely bring an arrestee under physical
control.

2. Penal Code Section 835 (definition- as indicated above)
F. CIRCUMSTANCES JUSTIFYING THE USE OF FORCE
1. Officers may use force in the performance of their duties in the
following circumstances:
a. To prevent the commission of a public offense.
b. To prevent a person from injuring himself/herself.
c. To effect the lawful arrest/ detention of persons resisting or
attempting to evade that arrest/detention.
d. In self-defense or in the defense of another person.
2. Before using force, the officer should consider these questions:
a. What actions on the part of the suspect justify the use of force?
b. What crime is being or has been committed?
c. Does the situation require the immediate use of force?

Department General Order 5.02 (Use of Firearms rev. 3/16/11) states, in
part:
I.B. HANDLING AND DRAWING FIREARMS
1. HANDLING FIREARMS. An officer shall handle and manipulate a
firearm in accordance with Department-approved firearms training.
An officer shall not manually cock the hammer of the Departmentissued handgun to defeat the first shot double-action feature.

2. AUTHORIZED CIRCUMSTANCES. An officer may draw or exhibit a

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firearm in the line of duty when the officer had reasonable cause to
believe it may be necessary for his or her own safety or for the safety of
others. When an officer determines that the threat is over, the officer
shall holster his or her firearm or hold the shoulder weapon in port
arms position pointed or slung in a manner consistent with
Department-approved firearms training. If an officer points a firearm
at a person and the person is not arrested, and if the circumstances
permit, the officer should tell the individual the reason the officer drew
the firearm.

3. DRAWING OTHERWISE PROHIBITED. An officer shall not draw a

Department-issued firearm except as authorized by this order, for
inspection by a superior, maintenance, safekeeping, or Departmentapproved training.

I.C. DISCHARGE OF FIREARMS
1. PERMISSIBLE CIRCUMSTANCES. Except as limited by Sections C.4 and

C.5., an officer may discharge a firearm in any of the following
circumstances:
a. In self-defense when the officer has reasonable cause to believe that
he or she is in imminent danger of death or serious bodily injury.
b. In defense of another person when the officer has reasonable cause
to believe that the person is in imminent danger of death or serious
bodily injury. However, an officer may not discharge a firearm at a
person who presents a danger only to him, or herself, and there is
no reasonable cause to believe that the person poses an imminent
danger of death or serious bodily injury to the officer or any other
person.

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c. To apprehend a person when both of the following circumstances
exist:
(1) The officer has reasonable cause to believe that the person has
committed or has attempted to commit a violent felony
involving the use or threatened use of deadly force; AND
(2) The officer has reasonable cause to believe that a substantial risk
exists that the person will cause death or serious bodily injury to
officers or others if the person's apprehension is delayed.

2. VERBAL WARNING. If feasible, and if doing so would not increase the

danger to the officer or others, an officer shall give a verbal warning to
submit to the authority of the officer before discharging a firearm.

3. REASONABLE CARE.

To the extent practical, an officer shall take

reasonable care when discharging his or her firearm so as not to
jeopardize the safety of innocent members of the public.

4. GENARALLY PROHIBITED CIRCUMSTANCES. As a warning.

Conclusion Summary
After the examination of the totality of this incident, the relevant policies, the
investigative conclusions, and other considerations described in this report, it is
concluded that based on the preponderance of evidence: Sergeant Jason Sawyer
#1127, Officer Richard Schiff #1968, Officer Roger Morse #1923, and Officer
Nathan Chew #2088 each fired his weapon on March 21, 2014 within the
guidelines set forth in San Francisco Police Department General Orders 5.01 and
5.02.

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Prior to their encounter with Nieto, Sergeant Sawyer and Officer Schiff were
responding to the dispatched call of a male, wearing a red jacket, with a gun in a
holster on his hip in Bernal Heights Park, an area in the Ingleside District not
known for violent activity. Due to the nature of the call, several units began a
response to investigate and determine if there was merit, including Officer Morse
and Officer Chew.

Upon contacting Nieto, Sergeant Sawyer verbally identified himself and Officer
Schiff as the Police. Both Officers gave Nieto commands to show them his hands
as they pointed their Department-issued firearms at him. The Officers were not
only in their uniforms with their stars exhibited on their outermost garment, but
they were also in a marked SFPD vehicle equipped with a red and blue light bar
across the top.

Instead of complying with the Officers' commands, Nieto yelled at them to show
him their hands, drew his weapon from the holster on his hip, and pointed it at
the Officers in a threatening manner.

Nieto's actions left Sergeant Sawyer and Officer Schiff no other reasonable option
than to defend themselves and each other, from what they reasonably perceived
as a deadly threat, and consequently fired upon Nieto.

At approximately the same time, Officer Morse and Officer Chew heard gun fire,
and came onto the scene where they reasonably perceived they, as well as the
two other officers already on scene, were being fired upon by Nieto. Officer
Morse and Officer Chew also discharged their firearms at Nieto in defense of

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themselves, each other, and the other Officers, from a reasonably perceived
deadly threat.

RECOMMENDATION:

Based on the above findings, it is recommended that Sergeant Jason Sawyer's use
of his Department-issued firearm on March 21, 2014 be deemed In Policy and
Proper Conduct.

Based on the above findings, it is recommended that Officer Richard Schiff's use
of his Department-issued firearm on March 21, 2014 be deemed In Policy and
Proper Conduct.

Based on the above findings, it is recommended that Officer Roger Morse's use of
his Department-issued firearm on March 21, 2014 be deemed In Policy and
Proper Conduct.

Based on the above findings, it is recommended that Officer Nathan Chew's use
of his Department-issued firearm on March 21, 2014 be deemed In Policy and
Proper Conduct.

It is further recommended that this case be forwarded to the Firearm Discharge
Review Board for review per Department General Order 8.11.

Submitted By:

Approved By:

Jayme Campbell

Robert Yick

Sergeant Star 759

Lieutenant Star 1264

Date: une 11, 2015

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