State DOJ rules ‘insufficient evidence’ to criminally charge cops in deadly shooting of two in 2022

Officers that shot and killed two men in San Francisco in 2022 will not be criminally prosecuted for their deaths, the California Department of Justice announced Wednesday.

The shooting took place on May 9, 2022, at Mariposa and Owens in response to a 911 call. The officers arrived and found two men fighting. The men were later identified as Michael Macfhionghain, 57, and Rafael Mendoza, 49.

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According to the state DOJ, police saw MacFhionghain armed with a knife on top of Mendoza and attempted to deescalate the altercation. MacFhionghain refused commands to drop the knife, and the DOJ concluded that MacFhionghain then raised the knife in order to stab Mendoza. Multiple officers fired rounds in MacFhionghain’s direction over a span of four to five seconds, leading to fatal gunshots for both men. Macfhionghain was declared dead at the scene and Mendoza was later pronounced dead at the hospital, according to police.

California Attorney General Rob Bonta’s office investigates officer-involved shootings in which there are unarmed civilians. On Wednesday, his office said “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.”

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