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2 SFPD Officers, 1 Ex-Officer Charged In Separate Cases of Evidence Destruction, Machine Gun Theft

SAN FRANCISCO (CBS SF) -- Two San Francisco police officers and one retired officer face charges Tuesday in connection with two separate internal affairs investigations regarding the destruction of evidence and the theft of a machine gun with a silencer, authorities said.

Retired Officer Mark William was charged with felony possession of a machine gun and a silencer, along with felony embezzlement, while Officers Kevin Lyons and Kevin Sien were charged with misdemeanor destruction and concealing evidence, according to a press statement from District Attorney Chesa Boudin.

Earlier Tuesday, the San Francisco Police Department confirmed the arrests and said the two incidents were separate and unrelated.

Lyons and Sien were under investigation by the SFPD Internal Affairs Division in connection with the destruction of evidence from an incident that happened on July 2, 2021 on the 700 block of Mission Street.

Boudin cited court documents saying San Francisco Marriott Marquis employees were looking for missing hotel property in a guest's luggage after he had been locked out of his room for non-payment. In his possessions they discovered multiple credit cards, IDs, and suspected methamphetamine.

After workers called police and ask the evidence be collected, Lyons and Sien arrived and told hotel staffers that cataloguing the evidence would take too long; they instead they shredded the credit cards and Lyons flushed the drugs down a hotel toilet, according to the court documents.

"San Francisco residents trust the police to conduct the investigative work so my office can bring cases that keep the city safe," said Boudin in a prepared statement. "These officers undermined their own colleagues, my office, and our criminal justice system as a whole by destroying and concealing the evidence of a crime, simply because they didn't want to take the time to do their jobs."

Lyons is a 21-year veteran of the department, while Sien is a five-year veteran of the SFPD. Following the internal affairs investigations, a judge Friday issued arrest warrants for the two officers. On Tuesday, both men voluntarily surrendered at the San Francisco County Jail before being cited and released.

Williams is accused after allegedly removing a Heckler & Koch, MP5 SD submachine gun from the police department's Property Control Division last August, where he previously worked part-time at the division's gun destruction unit. Williams was participating in San Francisco's Prop F program which enables retired city employees to work a limited number of hours to help meet staffing shortages.

According to police, personnel from SFPD's Property Division conducted a routine inventory on August 9, 2021, and discovered a missing firearm. The SFPD's Internal Affairs Division was notified of the missing firearm on August 12.

Days later, Williams contacted the division's acting lieutenant and confessed to having the weapon at his Napa home. He was immediately terminated from his part-time position with the police department. An arrest warrant was issued Friday and on Tuesday, Williams voluntarily surrendered at the San Francisco County Jail.

"The actions of these SFPD members violate the law and regrettably fall far short of our department's shared values," San Francisco Police Chief William Scott said in the release. "As sworn police officers, we have no higher obligation than to earn and maintain public trust, and we are disappointed that these incidents detract from the outstanding work done by our officers and non-sworn members every day."

Scott went on to thank the department's Internal Affairs Division for the thorough investigations into the two cases that were presented to the special prosecution division of the San Francisco District Attorney's Office.

"Their diligence affirms our department's commitment to accountability and the principle that no one — including a current or retired police officer — is above the law," Scott said.

The officers' union said in a prepared statement that it was aware of the charges being brought against three of its members and insisted they were unnecessary.

"We are familiar with the alleged incidents and believe that once all of the evidence is disclosed, the facts will show that these charges were not warranted," wrote Tracy McCray, Acting President of the San Francisco Police Officers Association. "We encourage everyone to remember that these individuals are presumed innocent until proven otherwise beyond a reasonable doubt."

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