The San Francisco District Attorney’s Office did not file charges against Christiana Porter, 34, spokesperson Randolph Quezada wrote in an email today. Porter was slammed against a wall and cited for resisting arrest by SFPD officer Josh McFall during a jaywalking stop last month.
Porter had been ordered to appear in court on Friday morning to answer to the charge of resisting arrest; her attorney, Lateef Gray, appeared in her place. Several people showed up to the courthouse in support, including an onlooker to the July 29 incident on Geary Boulevard in the Richmond and Porter’s godfather, Rickey Givens.
Givens, who is a Richmond District resident, said Porter called him during the incident. He said the call was nearly four minutes of screaming and that her shrieks were “something you can’t describe,” he said. He then rushed to the scene of the incident.
Porter said she visited the hospital multiple times after the incident, and suffered a concussion and separated shoulder. On Thursday, Porter announced she had filed a legal claim against the city for excessive force, a precursor to a civil suit.
On July 29 at around 7 p.m., Porter was filmed on surveillance footage walking along Geary and crossing Second Avenue. Shortly after, a police SUV with its sirens on pulls over. Officer McFall exits his vehicle and approaches Porter.
The two begin circling each other and, within 20 seconds, McFall slams Porter against a wall and holds her there for another minute. More officers arrive and Porter is handcuffed. She was subsequently released with a misdemeanor citation for resisting arrest.
McFall, in cellphone video filmed by bystanders, said Porter had refused his commands to show ID and remove her hands from her pockets and purse.
Since Jan. 1, 2023, police officers in California have been prohibited from citing pedestrians for jaywalking unless there is a “danger of collision.” There were no cars visible in the surveillance footage when Porter crossed the street.
Although the DA’s office is not charging Porter at this point, Gray said, it still has one year from the date of the incident to file charges. But Porter’s legal team is asking the DA’s office not to pursue a prosecution, Gray said, adding the footage of the incident makes it “clear” what happened.
Porter’s attorneys — Gray, Treva Stewart and Adante Pointer — are now waiting on the city to respond to their claim, filed Aug. 12. Gray said he has never seen the city accept this kind of claim no matter how “egregious” the conduct.
If the city rejects or fails to respond to the claim in 45 days, the team has six months from the date of the incident to file a lawsuit. Porter has said she intends to pursue a civil suit.
So will the DA charge the officer Josh McFall with assault? I’m sick of them just letting this unacceptable and illegal behavior continue.
Daniel,
Chesa Boudin charged a cop or two and one went to trial and I went every day and ‘Not guilty’ cause it’s hard to convict a cop anywhere which should make us look at our Cadet Fishing Trips and concentrate more on Convents and Monasteries than on Lateral hires.
If your gonna give someone that kind of power with a gun and all I’d think someone like Officer McFall might not have gotten thru finer filters.
Elect our Police Chief !!
h.
Boudin’s ‘shot across the bow’ had its effect tho for sure.
The concept of jay walking does not exist in California law so please stop using the term.
The officer in question should be arrested and charged with assault,
and not having his body camera on
Beg to differ. “Dangerous” jaywalking is illegal under Vehicle Code § 21955 CVC.
Didn’t the victim in this case cross at a crosswalk against the ‘don’t walk’ signal when there was no contention for the intersection from vehicles?
§ 21955 states that crossing *between* signalized intersections is a violation and admonishes officers from citing “unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.”
Neither of those elements was met by the victim’s conduct. Now taxpayers are on the hook for civil rights violations of the law by law enforcement.
If anything is diminishing people’s respect for the law, it is when law enforcement commits crimes with impunity from the legal system, and law enforcement excusifies that it is understaffed and is unable protect citizens from violent criminals.
“Dangerous” jaywalking means with actual traffic, creating an “dangerous” situation de facto. This did not happen says video, and the officer’s credibility is strained in justifying violence on any level for an INFRACTION. She was no danger to anyone, and obviously the officer is a danger to (black?) people walking on SF’s streets if he thinks jaywalking justifies it.
Why does this article keep reference jaywalking? Jaywalking in CA is defined as crossing between two controlled intersections. If anything, her violation would’ve been crossing against a red or do not walk symbol. I’m willing to bet there is more to this story.
Fire him immediately, approaching that lady from behind, with headphones on. Treating her as a fleeing suspect is ridiculous. Of course she’s going to be scared and maybe even put up a struggle for a moment. To continue with the assault and then arrest her is beyond words. If that officer want to treat American Citizens like that for something so simple,he should be fired. Cops like him needs to police the streets of Mexico where that energy just might be matched.
If it was dangerous, she would have caused an accident which was nothing in that security video. Separating this officer from employment would limit any additional civil claims against the city. Any judgment against the city goes against buying new equipment or raises for the police department.
Cities pay out enormous sums to settle misconduct lawsuits, and there is no plan for changing this fact. That’s a huge part of what the “defund the police” movement was about four years ago, and we all saw how everyone from moderates to liberals to fascists treated that concept.
Defunding the police does not make it accountable.
Which may be why Breed supported that slogan instead of actual police accountability, at every single opportunity.
Fire the corrupt bloated sack, then clean up the mess she left – and slogan-based “grassroots initiatives” can stay at Burning Man for all the good they do in the real world.
Once you resist it’s over, right or wrong, fight this in court, not on the street.
Okay Rob. So if you ask a cop why you’re being arrested, you’re okay with being assaulted and sent to the hospital? Answer yes or no.
Shouldn’t have happened in the first place. I thought they were too understaffed to do anything. This guy, as my boss use to call me, is a “loose cannon.”