Bay Area/ San Francisco/ Crime & Emergencies
Published on October 21, 2016
At Stern Grove Town Hall, SFPD Addresses Concerns About Officer ShootingActing SFPD chief Toney Chaplin speaks to an attendee. (Photos: Walter Thompson/Hoodline)

More than one hundred people gathered last night at the Scottish Rite Masonic Center to learn more about last Friday's shooting of 25-year-old San Francisco police officer Kevin Downs, and the subsequent death of his alleged assailant, Nicholas McWherter.

To start the session, Cmdr. Greg McEachern of the Investigations Bureau walked attendees through a timeline of events on the evening of October 14th, when Downs and another Taraval Station officer responded to a report of a "mentally disturbed person near the parking lot" at the Lakeshore Plaza's Big 5 Sporting Goods, shortly after 8pm.

According to McEachern, a store security guard had pepper-sprayed McWherter before police arrived on the scene. When officers approached McWherter in their patrol car, the 26-year-old Pacifica resident began to run. Downs, who was driving, overtook McWherter and exited the car, at which time the suspect "fired several shots toward the vehicle, striking Officer Downs in the head," said McEachern.

"The shooting happened almost instantly," McEachern said, noting that neither officer had a chance to engage McWherter before he opened fire and fled into Stern Grove. McEachern said Downs was wearing a newly issued body camera when the shooting occurred, but no footage has been publicly released. 

Attendees viewed diagrams and photos of evidence in the shooting.

A photo of McWherter, captured from store security footage, was emailed to all SFPD officers, many of whom converged quickly on the area to set up a search perimeter. About an hour later, police cornered McWherter near a wooded area adjacent to the Edgewood Center for Children and Families, where he opened fire.

Police responded with 21 shots, four of which struck McWherter. Despite his injuries, he would not relinquish his weapon, said McEachern. Police then deployed a flashbang grenade, "a distraction device" that allowed them to take McWherter into custody. He was transported to San Francisco General Hospital, where he died on Sunday. (Officers involved in the shooting of McWherter were not wearing body cameras.)

Other members of SFPD's command staff, including acting Chief Toney Chaplin, Capt. Alexa O'Brien of Major Crimes, and Taraval District Capt. Denise Flaherty, were on hand to answer questions from residents and neighbors.

Even though the situation was resolved, the investigation is ongoing, said Chaplin, who noted that bullet casings were discovered yesterday during a search of the area. Police are "actively" canvassing the area near the shooting to acquire more security video, said McEachern.

Several speakers praised police for resolving the situation quickly, but others questioned the use of force and SFPD's policies for reaching out to residents affected by large-scale operations like the Stern Grove manhunt, which involved SWAT teams, canine units, agencies from San Mateo, and a helicopter from California Highway Patrol.

One resident complained that he never received an official notice to shelter in place from police, and several in attendance said they turned to online police scanners and local media while police were searching for McWherter. One resident challenged the need to use lethal force and suggested that police instead use "a tranquilizer" to pacify suspects in future stand-offs.

Taraval Station Capt. Denise Flaherty speaks to an attendee.

Edgewood CEO Nancy Rubin thanked police for handling the situation, but noted that the events negatively impacted some of the residents at her facility, which treats children with mental health and behavioral issues. "Over 50 kids were sleeping that night" when the manhunt ended nearby," she said.

"You can imagine what's happening on site at our facility now," she said, explaining that several children traumatized after witnessing the incident had subsequently been hospitalized. One Edgewood resident who witnessed McWherter's capture was also present at Wednesday's shooting at June Jordan School for Equity, compounding their trauma.

"I was glad that they were able to pull this [meeting] off," said District 7 Supervisor Norman Yee, who encouraged his constituents to attend. "It's really important that they gave out the correct information."