Officers cleared in South San Francisco fatal shooting

The April 12 incident resulted in the death of Justin Silvernale, a 35-year-old Antioch man who that day stole or attempted to steal three vehicles and assaulted a civilian as well as one of the above officers.  

Silvernale is also suspected of brutally murdering a 41-year-old man named Catono R. Perez in San Francisco. Perez’s severed head and body parts were found in April in a refrigerator at his home on the 1600 block of the Great Highway.

After Silvernale was killed by police, they found in his possession identification belonging to Perez and his pants were stained with Perez’s blood, Wagstaffe said. The San Francisco Police Department is actively investigating that case.

Wagstaffe said Silvernale has a “lengthy mental illness history” and had not seen his treatment providers in the months if not a year prior to his fatal struggle with police.

That day in the early morning hours, Silvernale stole a rental car from the San Francisco International Airport rental facilities, which he drove to the parking lot of a trailer park in South San Francisco. There he unsuccessfully attempted to steal a second vehicle before attempting to steal a third vehicle at a nearby Chevron station, located at 110 Hickey Blvd., according to the District Attorney’s Office.

Around 5:30 a.m., a witness watched Silvernale approach a car parked at one of the gas pumps and occupied by a man named Ancieto Bagadiong. According to Bagadiong, he had just finished refueling his car when Silvernale grabbed him by the arm, punched him in the face and chest and pulled him from the car. Silvernale entered the car and tried to start it, but the keys were still with Bagadiong. When Silvernale realized this, he returned to Bagadiong and repeatedly kicked him in the face and chest with a stomping motion, Wagstaffe said.

Bagadiong cried out for help and was heard by Pon, who was off duty at the time, refueling his car at the same gas station. Pon approached the source of the cries and found Silvernale standing over Bagadiong, punching and kicking him as he was on the ground. Blood was visible on Silvernale’s pants, according to the District Attorney’s Office.

Pon described Silvernale has having a “thousand-yard stare” and appearing like a wild animal, according to Wagstaffe.

Pon punched Silvernale as he identified himself as a police officer and commanded him to get on the ground. Despite having a gun pointed at him, Silvernale again charged at Pon, who again was able to knock him away with a punch.

Pon then bent over to retrieve his handcuffs when Silvernale punched him in the face. Pon retreated to create distance and realized Silvernale was holding a box-cutter type of knife in his right hand, according to the District Attorney’s Office.

With his gun drawn, Pon again ordered Silvernale to stop and warned him he would shoot him if he did not. Silvernale responded “go ahead and kill me, kill me,” Wagstaffe said. As Silvernale continued to advance toward him, Pon fired one round at Silvernale, striking him in the lower abdomen and causing him to fall to the ground.

“Pon felt he had no alternative at that point as Silvernale was closing the distance quickly and would have overtaken him within a few steps,” Wagstaffe wrote in a letter. “Pon was in fear for his safety, believing that Silvernale, who had already hurt Mr. Bagadiong, was ‘completely out of control’ and would kill him if given the chance.”

While on the ground, Silvernale made cutting motions across his throat with the knife. Pon tried to tell him not to hurt himself and Silvernale responded saying several times “just kill me.” Pon called police and, while he waited, observed Silvernale make use of a pole to get back on his feet, still in possession of the knife. Pon told responding officers, including Hyde, what had happened and they approached Silvernale, one with a Taser drawn and the other a handgun. Silvernale was struck with multiple Taser shots and each time fell to the ground and quickly got up again, according to the District Attorney’s Office.

Determining Silvernale was “contemplating suicide by cop,” the officers sought to de-escalate the situation by increasing the distance between them and Silvernale and declining to fire their handguns at him.

“Corporal Devan later explained that with the limited information he had, the fact that Silvernale was armed with a knife and the concern that Silvernale was attempting suicide, he did not feel that lethal force should be used at that juncture,” according to Wagstaffe’s letter.

During the struggle, Silvernale managed to steal one of the police squad cars and police again declined to shoot him. Officers pursued Silvernale for less than a mile and followed him into the parking lot of Kaiser Medical Center, located at 295 Hickey Blvd. in Daly City. The officers surrounded Silvernale, who accelerated at them and nearly struck one of them, but still the officers held their fire, according to the District Attorney’s Office.

Silvernale eventually exited the car with the knife still in his hand, ignoring further orders to get to the ground. He then charged at officers and as he got within 15 feet of them, Hyde fired one shotgun round while Devan and Valdes fired five and four rounds respectively at him, Wagstaffe said. Silvernale took two to three strides toward the officers before collapsing.

“The conduct of the officers was objectively reasonable and necessary to defend human life,” Wagstaffe concluded in letter.

Pon suffered bruising and lacerations to his neck and face and pain to his left wrist. Bagadiong suffered bruising and swelling around both eyes and his nose, a laceration to his cheek and a seven-centimeter laceration to the bottom of a foot, requiring suturing, among other injuries, according to the District Attorney’s Office.

zachary@smdailyjournal.com

(650) 344-5200 ext. 102