California Department of Justice Releases Report on Officer-Involved Shooting of Rafael Mendoza and Michael MacFhionghain

OAKLAND — California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on the death of Rafael Mendoza and Michael MacFhionghain from an officer-involved shooting in San Francisco, California on May 19, 2022. The incident involved officers from 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.

"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. Together, we aim to foster a system that not only protects the rights of individuals but also promotes trust and accountability between law enforcement and our communities.”  

On May 9, 2022, a witness called 911 to report that two men were engaged in a physical fight. When SFPD officers arrived, they saw Mr. MacFhionghain armed with a knife on top of Mr. Mendoza. The officers attempted to deescalate the situation, but Mr. MacFhionghain refused repeated commands to drop the knife. At about 8:10 PM, Mr. MacFhionghain raised the knife to stab Mr. Mendoza. At that time, multiple officers fired rounds in Mr. MacFhionghain’s direction while he was on top of Mr. Mendoza. All officers fired in rapid succession in a span of four to five seconds, after which no further shots were fired. As a result of the gunfire, both Mr. Mendoza and Mr. MacFhionghain were struck and killed.

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 there is insufficient evidence to prove, beyond a reasonable doubt, that the officers involved acted without the intent to defend themselves or others from what they reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the officers and no further action will be taken in this case.

As part of its investigation, DOJ has identified one policy recommendation related to this incident. DOJ recommends that San Francisco PD provide additional training regarding the importance of identifying a single officer on scene to communicate with the subject(s) and provide orders.

A copy of the report can be found here.