There have been significant twists and turns in the case against an unhoused man accused of beating a former San Francisco fire commissioner in the Marina District earlier this month.
The case charging Garret Allen Doty with assault with a deadly weapon after a brutal attack on Don Carmignani went before a San Francisco court Wednesday.
Carmignani's side released new surveillance videos showing the altercation. In one video, Doty is seen picking out a crowbar from a trash can and appearing to take practice swings with it.
The video later shows the fight outside of a gas station, where Carmignani is hit by the crowbar as well as a different angle of Carmignani being chased by Doty.
Meanwhile, the defense shared in court evidence that a man fitting Carmignani's description had been involved in numerous disagreements with people sleeping on the street and spraying them with what was described as a 10-inch can of bear spray.
"He sprays with a massive can of bear spray, the same weapon used in the Doty incident," public defender Kleigh Hathaway said.
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Hathaway claims they have reports of seven other bear spray attacks on homeless people within a four block radius of Carmignani's home, but there was never an arrest or any citations in those incidents.
Carmignani's attorneys said their client is not the person in the bear spray video and vehemently deny their client being involved in any prior incidents.
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Those attorneys also raised concerns that the district attorney would be dropping charges against Doty amid claims of self-defense. San Francisco District Attorney Brooke Jenkins said that is not the case. During a news conference Wednesday, Jenkins chalked those reports up to possible miscommunication by a rookie prosecutor.
"A more experienced attorney has allowed us to make sure that we are making the right decisions in this case based on those nuances in the law," Jenkins said.
Carmignani was not in court Wednesday. His attorneys said he had a medical appointment related to the attack.
The district attorney's office has subpoenaed Carmignani to testify in court when the hearing resumes.
"If he doesn't show up, pursuant to the subpoena tomorrow, he is a victim of a crime," Jenkins said. "We don't ask for people to be arrested and brought into court if they are the victim of a crime, certainly violent crime in this fashion."
Jenkins said Carmignani has not talked with police investigators or anyone with her office since the incident. His testimony could be key in determining how the case against Doty continues.
