[ Special thanks to our kind and reliable supporter S for their assistance in developing this diagram. ]

DAMNING EVIDENCE OF OFFICER WRONGDOING

Luis was shot in the back at least 8 times, and executed with a shot to the forehead when he laid wounded and helpless on the ground.

The above diagram is an approximate depiction of the rubber bullet and gunshot wounds on the body of Luis Góngora Pat, as described in the official Medical Examiner’s report. Below is a list of the gunshot wounds following the order of the report, which is not the order in which they took place, but rather a head to toe documentation of the wounds.

A copy of the Medical Examiner’s Report can be downloaded here.

• A: Perforating gunshot wound of left upper forehead. Downward, right to left, front to back.
• B: Penetrating gunshot wound of left deltoid. Slightly left to right, back to front.
• C: Perforating gunshot wound to right upper back. Downward, left to right, back to front.
• D: Perforating gunshot wound to right lower chest. Slightly downward, right to left.
• E: Perforating gunshot wound to right mid forearm. Upward, back to front.
• F: Perforating gunshot wounds to right proximal forearm [elbow]. Trajectory, entrance and exit wounds cannot be discerned. [Number of shots cannot be discerned.]

Our Theory

Based on the Medical Examiner’s Report, the eight eyewitness statements to the media, available security camera footage, and images of his body presented to the press from the independent autopsy conducted by the law firm representing Luis’s family, this is our theory of how Luis’ death occurred in less than 28 seconds from the moment that officers exit their car and mortally wound him.

Video: 30 seconds of lawless and murderous SFPD decisions

1. Luis is sitting down against the garage door of the PG&E building on Shotwell and 19th with legs straight out in front of him. He is alone and bothering no one when he is rapidly approached on his right side by the officers.
   
   
2. Ofc. Michael Mellone approaches with the rubber bullet rifle drawn. Luis is in a vulnerable and non-threatening position. Officers keep moving forward towards Luis, shouting commands in English. Officers move forward out of range of the camera.
   
   
   • Implication: There is no indication that Luis is a threat to them, quite the contrary. Officers violated SFPD policies that require them to leave time and distance when engaging a person who they believe might be dangerous. Instead they rapidly close in on Luis; escalating the situation, frightening him.
   
   
3. We believe Luis turned away from the officers to cover himself as he is rushed by Ofc. Michael Mellone who shoots four to five rubber bullets from his rifle. The autopsy shows that the rubber bullets impacted the right side of his back.
   
   
   • Implication: Luis is crouched and facing away from officers as their attack begins. This contradicts officers’ testimony that he lunged at them.
   
   
4. Eyewitnesses say that Luis stood, partially propelled to his feet by the force of the rubber bullets. Audio from the video indicates that firearm bullets from Sgt. Seger's gun are fired simultaneous to the last rubber bullets by Ofc. Mellone, probably as Luis stands. Four or five shots from Seger’s gun are fired.
   
   
5. Eyewitnesses say that Luis was being jostled by shots, as he tried to cover himself with his arms. The autopsy shows that there are three or more firearm bullet wounds to his right elbow. Witnesses say that there was a lot of blood spraying around.
   
   
   • Implication: The shots are hitting the right side of his body. He is not facing officers. He is not threatening officers. At this point, Luis is injured and probably terrified and confused.
   
   
6. We believe the shots to the right side of his elbow spun Luis in a counter-clockwise motion, and as he came around, he fell facing the officers. As he turns and falls forward, he is shot in the back. He is shot straight into the right side shoulder; given the angle, the bullet probably comes from Seger.
   
   
   • Implication: Luis falls to the ground, wounded but alive. Once again, he is in an extremely vulnerable position vis-a-vis the armed officers.
   
   
7. In the video, we see Mellone and Seger step back into view of the camera, probably as Luis falls forward. Mellone draws his firearm while holding the rifle in his left hand (looking like a gangster.) Seger stops shooting as he walks back. Mellone fires off the three final rounds from his firearm, his arm pointing in a downward direction. The autopsy shows a downward shot into the arm, a downward shot across the chest, and a steep downward trajectory shot to Luis’s forehead.
   
   
   • Implication: Ofc. Mellone chose to take out his gun and execute an innocent man who already lay wounded on the ground. There was absolutely no justification for him even taking out his gun. Seger had stopped shooting already. Mellone breaks SFPD policy on use of firearms, but keeps the old Blue Code of Silence that says that if one officer shoots the other must shoot.

Conclusion

Luis Góngora Pat did not have to die. There is no legal justification to his killing by Sgt. Seger and Ofc. Mellone.

The entire incident happened in 28 seconds as these officers unlawfully and unjustifiably attacked an innocent man, who was sitting on the ground, minding his own business!

Demand

Luis’s family and his community demand that the District Attorney charge his killers—Sgt. Seger and Ofc. Mellone—with murder.

D.A. Gascón do your job!

We invite supporters to call and write Gascón and demand criminal charges for the unjustifiable killing of Luis and that of many other San Franciscan community members, whose killings remain unaccountable.