California Department of Justice Releases Report on Officer-Involved Shooting of Nelson Szeto

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Nelson Szeto’s death from an officer involved shooting in San Francisco, California on January 20, 2022, involving the San Francisco Police Department (SFPD). The report is part of the California Department of Justice's (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ's findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident. 

“AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all,” said Attorney General Bonta. " Loss of life is always a tragedy. It is hard to reckon with the fact that one person lost their life that day and a bystander was injured during this incident. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

On January 20, 2022, SFPD responded to a call regarding a man with a gun in the International Terminal of San Francisco International Airport. The officers contacted Mr. Szeto, who displayed what appeared to be two guns, and later were found to be air-soft guns. For approximately 43 minutes, the officers repeatedly ordered Mr. Szeto to put down the guns. He continued to not follow directions and when Mr. Szeto moved to raise a gun at the officers, the officers fatally shot him and he died on scene. After the shooting incident, the officers discovered that a bullet fired at Mr. Szeto had also struck and injured a second individual. Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.   

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include: 

BODY WORN CAMERA POLICY

It is recommended that SFPD equip all officers with body-worn cameras, including officers assigned to the airport.

IMPROVED COMMUNICATION WITH SUBJECTS

At various points during the incident, multiple officers gave verbal commands to Mr. Szeto in short succession or simultaneously. SFPD’s prior Use of Force Policy which was in place at the time of this shooting, had provisions regarding funneling communications to subjects through a single officer that did not apply to armed subjects. DOJ commends SFPD for revising its policy on December 8, 2022, to conform to best practice. DOJ suggests that SFPD examine alternatives to shouting “less lethal” that do not potentially heighten tension in similar situations. 

IMPROVED COMMUNICATION THROUGH OFFICERS

DOJ recommends that SFPD conduct an after-action review to determine whether communication regarding the presence of bystanders can be improved and whether the communication in this incident may warrant an administrative review.

RADIO EQUIPMENT

It is recommended that SFPD 1) review its radio interoperability across different channels and SFPD officers to ensure that the systems are compatible, and 2) review the issues identified herein to determine if additional training of the officers is necessary.

CRISIS INTERVENTION RESPONSE

SFPD should review this incident to determine potential policy and training updates that account for a scenario where the initial call for service may not be covered by the existing Crisis Intervention Team Response policy but which could include an intervening point at which a subject is or should be determined to actually be experiencing a crisis, while of course balancing officer and public safety.

A copy of the report can be found here.