San Francisco DA puts charges on hold against man shot by police in Mission

SAN FRANCISCO (KGO) -- San Francisco's District Attorney's office has decided to "withdraw the complaint" against a man shot by police in the Mission in December.

District Attorney Chesa Boudin stresses charges have not been dismissed.

RELATED: Body cam video released from officer-involved shooting in San Francisco's Mission District

Communications Manager Paula Lehman-Ewing for the SFDA's Office released this statement:

"We decided to remove this case from the calendar at this time so that we may have a chance to evaluate all the facts. The health of any criminal case depends on internal clarity around the charges being filed, which becomes more complicated when you are dealing with an instance where there is potentially competing criminal liability. However, the case and underlying charges have not been dismissed."

President of the San Francisco Police Officers Association, Tony Montoya, says they're essentially dropping charges.

"That's just lawyer talk, technically they said they're withdrawing the complaint if you read between the lines that's exactly what they're doing they're dropping the charges," Montoya said.

"His charging decision to not charge Mr. Hampton for feloniously assaulting two of my members is not only cause to all of my members but should because to all abiding person that comes to San Francisco," Montoya said.

Montoya said Hampton unequivocally violated the law because it was caught on video.

RELATED: Suspect, officer injured after shooting in San Francisco's Mission District

Chesa Boudin spoke to ABC7 on Saturday there's an important difference between dismissing the case and withdrawing the complaint.

"The decision we made was one that frankly is in the best interest of the officers because they're both being investigated right now by our internal investigation bureau into their use of firearms in the incident. It would be improper and unfair to put them on the witness stand, to testify against Mr. Hampton while they're being investigated for their use of force. Until both investigations can be completed, we're going to withhold making a final decision about who to charge with what," Boudin said.

Internal investigations by the DA's office are standard protocol after an officer-involved shooting.

Currently, Jamaica Hampton is in the hospital. According to Boudin, he lost one of his legs and his current condition is serious.

POA President Tony Montoya says this decision sends the wrong message.

"It's smoke and mirrors. Mr. Hampton is a free man, so the minute he's able to walk out of that hospital he can make the next person he runs into the victim like he did Saturday morning December 7th", Montoya said.

Chief WIlliam Scott of SFPD sent the following message to officers:

Members of San Francisco's Finest,

I want to provide you with an update regarding last month's attack on two of our Mission Station officers in which an officer involved shooting occurred. The District Attorney has informed me that at this time he will withdraw charges against the suspect. The DA indicated that this withdrawal is not a dismissal of the case.

This unprovoked attack was a violent, criminal act. I want you to know that we remain committed to working with the DA to see that justice is done in this case for our officers.

Be Safe out there!

Bill Scott