Potrero Hill, San Francisco

The next meeting of the Potrero Boosters Neighborhood Association on Tues, Aug 30, 7pm will feature Angela Louie from the SF District Attorney’s Office.

If you’re like me and your knowledge of the criminal justice system was acquired through watching episodes of ‘Law and Order,’ then at the very least you know that the cops catch the criminals, and it’s the DA’s job to prosecute them (or not).

Well … this meeting should be all the more interesting given the recent observation by Rick Bruce shortly before he stepped down as Captain and DA Kamala Harris’ response.

Captain Rick Bruce
An exerp from the August 17th Daily Update
Gun Case Dispositions

I mentioned back in March that we were going to begin tracking our gun arrest cases in an effort to find out why so many armed gang members seem to be on the streets of the Bayview, even though our officers are arresting them on a constant basis. We have almost six month’s worth of data, and it was a bit shocking when we first started to take a look at it. Although the cases of most of the individuals arrested for gun charges in the past six months have not yet been settled, 17 cases have been, and these are the results:

- A man booked for a stolen, loaded and concealed handgun pled guilty to a misdemeanor and was given 3 years probation and 3 days in the County Jail.
- A man booked for a loaded and concealed handgun was given misdemeanor probation.
- A man booked for a loaded and concealed handgun pled guilty to a felony and was given 90 days in the County Jail.
- A man booked for possession of an assault rifle pled guilty to a misdemeanor and was given 3 years probation and 90 days in the County Jail.
- A man booked for possession of a concealed handgun and drugs had the gun charge dismissed and the drug charge prosecuted.
- A man booked for aggravated assault with a firearm had the case dismissed.
- A man booked for possession of an assault rifle had the case dismissed.
- A man booked for possession of a concealed handgun with obliterated serial numbers pled guilty to a misdemeanor and was given 3 years probation and 90 days in the County Jail.
- A man booked for possession of a loaded and concealed handgun pled guilty to a misdemeanor and was given three years probation and 2 days in the County Jail.
- A man booked for possession of a loaded and concealed handgun pled guilty to a felony and was given 83 days in the County Jail.
- A man booked for possession of a loaded and concealed handgun had the case dismissed.
- A man booked for possession of a stolen, concealed, and loaded handgun pled guilty to a misdemeanor and was given 90 days in the County Jail.
- A man booked for possession of a firearm by a felon pled guilty to a misdemeanor and was given 37 days in the County Jail.
- A man booked for possession of a firearm by a felon pled guilty to a felony and was given 6 months in the County Jail.
- A man booked for possession of a firearm by a felon pled guilty to a misdemeanor and was given 37 days in the County Jail.
- A man booked for possession of a firearm with obliterated serial numbers had the case dismissed.
- A man booked for possession of a firearm by a felon had the case dismissed.

District Attorney Kamala Harris’ Response
I receive Captain Bruce’s daily emails and appreciate the work he does to keep the community informed. His update from August 17th included information about gun arrest cases. The positive thing about this list is that the cases highlighted show that we are getting more convictions that have resulted in longer sentences with more stringent conditions of probation upon release. The list also shows there is still, obviously, room for improvement.

The reduction of violent crime in San Francisco is our #1 priority. We have committed to getting guns, and the criminals who carry them, off the streets. Stopping gun crime is essential for public safety and officer safety. That is why one year ago we instituted tough new charging standards for all Assistant District Attorneys and created a gun specialist team to ensure focused gun crime prosecution. I make no excuses for the cases where my office should have performed better, and rest assured, we will continue our work with victims, officers and the courts to ensure that those arrested carrying guns in San Francisco face tough consequences.

There have been positive changes since our gun policy has been instituted. Before the policy, on average, offenders were spending 10 days or less in custody for illegal firearm possession. I think anyone would agree that is far too little time. A look at Captain Bruce’s list shows the average length of sentences is growing. The improvement is encouraging but it is not enough. We will continue our work and efforts with the courts to secure longer minimum sentences for illegal possession of handguns. Our successful work to increase the bail amounts for possession of guns and assault weapons is also sending a message that guns will not be tolerated. Having said that, citizens may see individuals arrested for serious crimes back out on the street. There are a number of reasons for this – some of them have posted bail and await trial. In other cases, the courts may have dismissed or reduced the charges or accepted a plea despite our objection.

Sometimes we are forced to dismiss cases because witnesses are afraid to come forward or because the circumstances surrounding the arrest require further investigation. Nonetheless, in cooperation with SFPD, we will continue our efforts to build trust and ensure witnesses know that if they come forward with information, they will be protected. My sincere hope is that as we continue strengthening the ties of trust with the community the number of cases where people have to worry about their safety will diminish.

I would also like to take this opportunity to commend Captain Rick Bruce on his service to the people of this City. He has been a dedicated public servant and served the people of the Bayview well. I wish he, and his family, all the best in the future.