Manner of SF Man's Drowning 'Undetermined'

A gay San Francisco man whose body was found in the Bay in November drowned, but the manner of his death is "undetermined," according to the medical examiner's office in a report released this week.

The finding leaves unclear whether Dan Ha, 26, a software engineer, was killed, died by suicide, or died accidentally. The report, which is dated August 20 and was released Tuesday, August 25, indicates the condition of Ha's body made it impossible to make a specific determination on the manner of death.

Ha, who friends and family remembered for his compassion and humor, was last seen alive Halloween night, October 31. People formed search parties and posted fliers seeking Ha, whose body was found November 11. The remains weren't positively identified until late January.

In a November statement, Ha's family said that it did not suspect suicide. One of Ha's family members said no note was found. (Friends and family of Ha have told the Bay Area Reporter he was gay.)

Told of the medical examiner's findings Tuesday, Alexa Lee, a friend of Ha's, said, "Hearing this news definitely brings back the reality of how tragic his passing is, that someone that was so well-loved and had so much potential left this earth in a truly unfortunate manner."

Lee, who lives in San Francisco, added, "The cause of death being a drowning" makes her feel that Ha's death was "an extremely untimely accident of some sort."

"It doesn't answer a whole lot of questions," she said of the report's findings, including whether someone drowned him or it was accidental.

However, Lee said, "I really don't think that he would have killed himself. It just feels like a very bad, unfortunate accident."

Ha's family has informed the Bay Area Reporter they are no longer commenting on the case.

A passenger on a ferry traveling from Marin County toward San Francisco was the person who spotted Ha's body "floating in the water," the medical examiner's report says.

There had been "significant decomposition and marine life depredation," according to the file. "The ability to discern any obvious external trauma was not possible," but there was "no evidence of overt trauma or foul play."

The agency also found there were "no acute fatal traumatic injuries," and his skeleton didn't show any fractures.

Signs of drowning included "mildly hyperinflated lungs with pulmonary vascular congestion. ... "

No drugs other than alcohol were found in Ha's system.

The medical examiner's report indicates Ha's wallet, $74, a cellphone, and keys, among other property, were found with his body, which was fully clothed except for a missing sock and no shoes.

The identification of Ha's body was made with help from the Bureau of Forensic Services DNA Laboratory at the California Department of Justice, according to the medical examiner's office.

Christopher Wirowek, the deputy director medical examiner administrator, said in an interview Tuesday that if someone comes forward with video or other material indicating what happened to Ha, the medical examiner's office may reopen the case and make a more specific determination of the manner of death.

Wirowek said that his agency didn't know how long Ha's body had been in the water.

Officer Albie Esparza, a San Francisco police spokesman, indicated in November that his agency would not investigate Ha's death unless the medical examiner's office determined foul play was involved.

In an email exchange Tuesday, Esparza said, "We made it clear this was not a criminal case a while ago. ... [W]e are not investigating it."