The San Francisco district attorney’s office on Friday decided against filing charges for the March 24 killing of 24-year-old Tertron Johnson, saying it could not rule out the possibility that the suspect acted in self-defense.
On Friday morning, suspect Gregory C. Morton, who had been arrested Wednesday evening, was released after spending the night in jail on Thursday. Morton was booked for murder after San Francisco police surveilled him for four days, and followed him from Oakland to San Francisco, according to the police department.
A warrant was issued for Morton’s arrest and approved by the district attorney’s office and a judge, indicating that initially, the district attorney’s office believed there was evidence to charge Morton for Johnson’s killing.
Prosecutors have, seemingly, changed their mind.
“There was insufficient evidence to prove beyond a reasonable doubt that the suspect was not acting in self-defense or defense of others,” said a representative from the DA’s office. “If additional evidence is brought forward, we will re-evaluate the case to see if it is possible to meet the burden of proof.”
A police source said that failing to file charges after a warrant is issued is rare, but not unheard of. “I wouldn’t say it’s common, but it certainly does happen,” said the source.
The burden of proof to arrest a suspect for muder is lower than it is for the DA’s office to file charges — the office must prove the suspect committed the homicide “beyond a reasonable doubt,” and must gather enough evidence to convince a jury.
Under San Francisco penal code, a suspect held in jail must be charged and arraigned within 48 hours, or released.
According to the San Francisco Police Department, the case is still an open and active investigation.
A police source said that investigators likely hoped that, after the arrest, they would find further evidence at Morton’s home or through surveillance. “It’s a tricky situation,” said the source.
Mission Local reported that a man with the same name and age as Morton was previously charged with the double-slaying of two teenagers killed at a playground in the Excelsior in 2015. Morton was later released after serving six years in jail.
Less than a year later, Morton was charged with carrying a gun while on supervised release.
