Have We Lost Hope in Santa Clara County? In the past few years, a lot has happened to bring about improved accountability of police officers who kill or injure unarmed people namely the passing of State Assembly Bill 392 which requires deadly force be necessary in defending against catastrophic injury or death and not just ‘reasonable’ to an officer. Recently, District Attorney’s in San Francisco, Alameda, and Contra Costa Counties have filed manslaughter and battery charges against officers who have shot, killed, or beaten victims who pose no immediate threat to them or the public.
In San Francisco, District Attorney Chesa Boudin has charged ex-officer Christopher Samayoa with manslaughter for intentionally firing his gun, while sitting in his car, at an unarmed man running by. Boudin has also filed felony assault charges against current officer Terrance Stangel for severely beating an unarmed man and similar charges against officer Chris Flores for shooting a man lying on the ground.
Across the bay, in Alameda County, DA Nancy O’Malley filed manslaughter charges against officer Jason Fletcher for shooting and killing a man deemed non-threatening and in neighboring Contra Costa County, DA Diana Becton announced felon voluntary manslaughter charges against officer Andrew Hall for shooting at a car driving away from him killing the occupant.
| County – Officer | Armed or Unarmed | Disposition of Victim | Officer Charged |
| San Francisco Christopher Samayoa | Unarmed | Deceased | Manslaughter |
| San Francisco Christopher Flores | Armed (bottle) | Alive, loss of limb | Felony Assault |
| Alameda County Jason Fletcher | Armed (bat) | Deceased | Manslaughter |
| Contra Costa Andrew Hall | Unarmed | Deceased | Manslaughter |
| Santa Clara Colin Stewart | Unarmed | Deceased | No Charges |
Of the armed victims shot: In the Flores matter, a senior police officer has shot the victim and was calling in “shots fired” and medical responders to the scene. The victim, Mr. Jamaica Hampton, lay in the street wounded when Flores casually walked up and shot him. Fletcher responded to a Wal-Mart in San Leandro where a man experiencing a mental crisis was holding a baseball bat but was of no immediate threat to Fletcher or consumers in the store, Fletcher shot the man in the chest anyhow. Both homicides were captured on officer body worn cameras.
Of the unarmed victims shot: In San Francisco, a man suspected of robbing a deliver truck was running in the street when Samayoa and his partner responded to the scene. Samayoa was in the passenger seat with car door closed and window up. As Samayoa’s police vehicle passed my Mr. O’Neill, Samayoa shot through the vehicle window killing Mr. O’Neill. Officer Andrew Hall responded to a slow-moving pursuit of a vehicle and as the suspect vehicle navigated around other cars, Hall jumped out running around his patrol vehicle to shoot at the driver. As the suspect vehicle continued to slowly move away Hall continued to shoot into the vehicle killing the driver.
But similar to the cases above, why hasn’t Santa Clara County DA, Jeff Rosen, filed manslaughter charges against Colin Stewart? Unlike the four other incidents above, Jesus Geney-Montes was not suspected of committing a crime. Jesus had a known history of suffering from mental illness and his parents called emergency services prior to his killing to include visits by City of Santa Clara’s police department earlier that same day. After investigating and speaking with Jesus in a previous call for service, police supervisors cleared the scene of any credible threat. When police subsequently responded to another call, Jesus was half-naked wearing only a bathing suit and had fled his parent’s apartment. About half-dozen or so law enforcement officers caught up to Jesus a few minutes later finding him standing in an open dirt area with nothing in his hands and still wearing only swim trunks.
Officers could be heard yelling at Jesus that they won’t shoot him but Colin Stewart had other ideas. At the time, Santa Clara Police Department claimed to provide 100% of its officers with Crisis Intervention Training (CIT) where officers are taught to calmly speak to persons experiencing a mental crisis and not make any aggressive movements. When Jesus walked away from police officers, Stewart jumped a chain link fence with his pistol drawn and chased him. Police Chief Patrick Nikolai later stated in a publicly recorded town hall meeting that officers are trained, and it is policy, to verbally warn people before they shoot but it is factually evident on Stewart’s own body worn camera video he violated both departmental training and policy.
On March 9, 2017, Jesus Geney-Montes, while experiencing a mental crisis, was chased by Colin Stewart and shot dead, without warning, in an enclosed chain-link fence. Other officers on scene stated they would not shoot Jesus, no other officers chased him.
Deputy Anthony Hall killed Laudemere Arboleda in November 2018 but Hall was not charged in the fatal shooting until 30 months later in April 2021. Why isn’t Santa Clara County DA Jeff Rosen moving to charge Colin Stewart, 42 months later, for the manslaughter of Jesus Geney-Montes?
Some might argue Rosen’s office, prior to AB392 being signed into law on August 10, 2019, found Colin Stewart’s actions justified. But others are not so sure, the table above clearly illustrates inconsistencies in application of the law especially since Hall’s killing of Arboleda also occurred prior to August 2019. And, there are other issues between investigators in the City of Santa Clara and at the Santa Clara County District Attorney’s office. Despite a smaller police force and small community population compared to other cities in the county, Santa Clara police officers have been found to have the highest rate of officer involved shootings (OIS). They also have had the highest number of police officers arrested and convicted of crimes ranging from burglary, running illegal chop shops, felony domestic violence, sexual misconduct, insurance fraud, and felony drug distribution. Most recently, two retired Santa Clara police supervisors – Philip Cooke and Brian Gilbert – plead guilty to several federal crimes. Although their convictions happened after they left the department, both were supervisors during the investigation of Colin Stewart killing Jesus Geney-Montes.
If the Contra Costa County DA can find it legally justified to charge an officer with felony voluntary manslaughter and felony assault with a semi-automatic firearm for the alleged unlawful activity and unreasonable force used during the shooting two and a half years after a killing, shouldn’t Santa Clara County’s DA be able to do the same?
We think so and hope other residents in Santa Clara County do as well. Call or email Santa Clara County District Attorney’s Public Integrity Unit to voice your support in reexamining the homicide of Jesus Geney-Montes by Colin Stewart.
SCCDA Public Integrity Unit
70 W. Hedding St., West Wing
San Jose, CA 95110
Phone: (408) 792-2595
Email: publicinformation@dao.sccgov.org