No criminal charges will be filed against officers in the 2014 death of an Oakland man who was shot by police during an auto burglary investigation near AT&T Park, the San Francisco District Attorney’s Office announced Friday.
The announcement came following the completion of an investigation by the District Attorney’s Office Independent Investigations Bureau into the fatal shooting of O’Shaine Evans.
Evans, a 26-year-old Oakland man, was shot Oct. 7, 2014 as he sat in the driver’s seat of a silver Infiniti near 448 Bryant St. by Officer David Goff, who was part of a team of officers investigating auto burglaries in the area.
Goff approached the Infiniti Evans after officers saw the passengers break a car window, take a bag and walk back to the car, according to the report from the district attorney’s office. The officers had been watching the vehicle because they believed the passengers were casing vehicle in the area.
Goff, who was alone and on foot, told investigators that he fired seven shots after he said Evans pointed a gun at him.
The shots struck and killed Evans and wounded a male passenger in the back seat.
Investigators found an unloaded gun with Evans’ DNA on the grip next to the Infiniti’s driver seat after the shooting.
The only witnesses to the shooting were Goff and the two male passengers to the vehicle, the report said.
One of those men refused to cooperate with investigators but claimed not to have any knowledge of a gun at the scene and was later heard in a jailhouse phone call saying the officer had approached and opened fire without identifying himself as police. The other, who was injured in the shooting, said that Goff “ran up shooting” and also denied knowing Evans had a gun.
Surveillance video footage from the scene shows Goff crossing Bryant toward the car and within three seconds calling out what appear to be verbal commands before opening fire, the report said.
Evans’ family filed a federal civil rights lawsuit against the city in 2016, claiming that Evans never pointed a gun at officers and never fired any shots. He had a cellphone in his hand when he was shot, according to the complaint.
However, that lawsuit was dismissed earlier this month.
The district attorney’s office also released a report Friday on the January 4, 2015 fatal shooting of Matthew Hoffman by Sergeants Michael Serujo and Nicholas Pena.
The officers were leaving the parking lot of the Mission District Station at 630 Valencia St. in the company of another sergeant when they found Hoffman there.
Hoffman refused to leave, became confrontational and kept his hands hidden under his sweatshirt, before eventually pulling an object out from his waistband that the officers thought was a handgun, the report said.
Serujo and Pena fired several times at Hoffman, who died later of his injuries.
Investigators later determined he had been holding a black Colt Defender Airsoft BB gun modified to resemble a real gun. In addition, he had three suicide letters on his phone, one addressed to the officers, absolving them of their actions and stating that he wanted to commit suicide, the report said.
In both cases, investigators concluded the officers had reason to believe they were acting in self defense and there was insufficient evidence to press charges.
Bay City News contributed to this report.