Gun charges dropped when video contradicts SF officer’s testimony

A San Francisco police officer came under scorching criticism from a federal judge Thursday after a surveillance video contradicted his sworn testimony about an arrest and search of a man on a Tenderloin street corner, forcing federal prosecutors to abruptly dismiss gun-possession charges.

“The worst thing in the world is the prosecution and conviction of an innocent person, or a conviction based on perjured testimony,” U.S. District Judge Charles Breyer said after granting prosecutors’ request to drop charges against Brandon Simpson. “The affront is to all of us. ... I am not enraged, but I am deeply saddened.”

The case comes amid a furor over San Francisco police conduct that has led to criminal convictions, a hunger strike by protesters calling for the police chief to be fired and a federal investigation.

In Thursday’s case, Officer Nicholas Buckley testified that during an encounter in December, Simpson began walking quickly away from him with both hands tucked into his waistband, and was looking over his shoulder. At that point, Buckley said, he overtook Simpson, and other officers helped wrestle him to the ground and found a loaded handgun.

The video, shot from a nearby nonprofit housing building and presented by defense lawyers after Buckley’s testimony, showed Simpson walking slowly in the general direction of the officers, one hand holding a water bottle, the other at his side, before he was tackled.

Video contradicted officer

Judge Charles Breyer smiles as he recalls putting together the exhibit. U.S. Federal judge Charles Breyer has put together a photography exhibition in the Federal building in San Francisco, Calif. which shows the history and people of the Ninth District, over which he presides. less Judge Charles Breyer smiles as he recalls putting together the exhibit. U.S. Federal judge Charles Breyer has put together a photography exhibition in the Federal building in San Francisco, Calif. which shows ... more Photo: Brant Ward / The Chronicle Photo: Brant Ward / The Chronicle Image 1 of / 13 Caption Close Gun charges dropped when video contradicts SF officer’s testimony 1 / 13 Back to Gallery

Breyer had ordered the hearing to consider Simpson’s challenge to the legality of his arrest and search. He said the video, which he watched several times, succeeded in “rebutting nearly everything that the police officer testified to.”

The judge ordered federal prosecutors to provide records of the proceedings to Police Chief Greg Suhr for “whatever action he considers appropriate.” Breyer said the case also showed that police should be required to wear cameras at all times.

Abraham Simmons, spokesman for acting U.S. Attorney Brian Stretch, declined to comment on whether Stretch would seek perjury charges against Buckley. Breyer said prosecutors in Stretch’s office had been unaware of the video or its impact on Buckley’s testimony before it was shown in court.

Sgt. Michael Andraychak, a Police Department spokesman, said Thursday afternoon the department had not yet been formally notified of the case and had no comment on it. He said after hearing about it, Suhr asked Stretch to contact him.

“That being said, Chief Suhr has been clear that he expects his officers to be honest and above reproach,” Andraychak said.

The incident comes at a time of public turmoil in San Francisco over the Police Department and its leadership.

Federal prosecutors have secured convictions of one police officer for an illegal hotel room search — captured on video — and two others for stealing money and property from criminal suspects. The federal prosecutions also unearthed evidence of racist and homophobic text messages exchanged by 14 officers, threatening to undo convictions in numerous cases in which the officers had participated.

Video of Mario Woods

Protesters have held hunger strikes and called for Suhr’s removal after his defense of officers who fatally shot Mario Woods, who was holding a knife but was shown on a video to have his hands at his sides when he was killed in the Bayview neighborhood in December. On Wednesday, four of the city’s 11 supervisors said Suhr should be replaced.

The U.S. Justice Department is also investigating the Police Department’s use of force and treatment of racial minorities.

San Francisco Public Defender Jeff Adachi, whose office turned up the videos used in earlier federal prosecutions, praised Breyer for putting the perjury issue on the table.

“In San Francisco state courts, we’ve had our share of cases where videos have directly contradicted what police testified to. ... In most cases, the judge does not utter a word, and the case is dismissed,” said Adachi, who was not involved in Thursday’s federal case. “I applaud Judge Breyer for acknowledging the seriousness of perjury by police.”

Illegal dice game

Simpson, 27, was among a group of men confronted by police on patrol near the corner of Eddy and Taylor streets, in the Tenderloin, during late-night hours on Dec. 1. Buckley said the men were engaged in an illegal dice game, in a high-crime area.

In a sworn declaration last month that was similar to his testimony Thursday, the officer said Simpson looked at him, then started walking away quickly, with a stiff gait, and ignored his request to stop and talk. He said he caught up with Simpson and saw that the man had both hands tucked under his coat around his waist.

Buckley said he grabbed and tackled Simpson after Simpson ignored his commands to halt and put up his hands, and other officers jumped in to help. The officers eventually wrestled Simpson to the ground and retrieved the gun he had dropped, Buckley said. The officer said he suffered injuries in the struggle and had to miss a month of work.

The silent video, taken by a surveillance camera at the Franciscan Towers, shows Simpson among several men walking near one another at a leisurely pace after Buckley and another officer drove up to the corner and got out of their patrol car. He is seen facing Buckley, with one hand holding the water bottle and neither hand at his waist, and making no apparent attempt to flee. As Buckley grabs him, the video shows Simpson trying to spin away before three other officers rush in and eventually pile on top of him. The entire encounter lasts about 40 seconds.

Illegal search and arrest

Police said Simpson had a felony record — making his possession of the gun a federal crime — and was on probation status that allowed him to be searched at any time. But his lawyers argued, and Breyer agreed, that police had no legal grounds for the arrest and search, making the evidence they seized inadmissible.

“He was merely walking down a public sidewalk when he was detained, tackled, and thrown to the ground by police officers,” Assistant Federal Public Defender Ellen Leonida said in a court filing.

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com

Twitter: @egelko

2 views of arrest

Videos: Footage from hotel surveillance cameras that show police officers confronting, tackling and arresting Brandon Simpson can be seen at: http://bitly.com/bsimpson1

and http://bitly.com/bsimpson2