Garret Doty released as Don Carmignani again a no-show in court for San Francisco Marina assault case
SAN FRANCISCO -- Garret Doty, the suspect being held in the beating of former San Francisco Fire Commissioner Don Carmignani, was released Thursday after a preliminary hearing was postponed again when Carmignani failed to show, Doty's public defender said.
The judge in the case ordered Doty released after prosecutors told the judge Carmignani has not appeared to provide a statement, according to public defender Kleigh Hathaway. The hearing was postponed until May 23.
"The district attorney informed us that they were not able to proceed with the preliminary hearing because they don't have the proof that they need," Hathaway told reporters outside the courtroom Thursday. "And the proof and the evidence that they need is Mr. Carmignani either to come in or give a statement. And because he didn't give a statement, they have to have him come in. He did not come in."
Hathaway said Doty was released with conditions: he must stay away from Carmignani and from the Magnolia Street location in the Marina District where the incident happened. Doty must also report weekly to an assertive case management group that helps unhoused persons and provides some supervision.
The second hearing postponement in as many days comes after the discovery of police reports on eight separate acts of violence targeting homeless individuals within a four-block radius of the Carmignani's home. Surveillance video and images provided by police and the district attorney's office show a man whose height and build resembles that of Carmignani in unprovoked attacks on homeless persons using bear spray.
Carmignani's attorney issued a statement to KPIX denying his client was involved in any prior attacks.
"This is just victim blaming plain and simple. Don was nearly beaten to death. There is no excuse for that. The videos of the attack on Don speak for themselves," said attorney Samuel Ray. "Don is a great guy, but his character is irrelevant. He is the victim of a crime. It is horrible that the media is trying to parade alleged incidents from the past as a reason why he somehow deserved what happened to him, or 'had it coming.'"
Ray said Carmignani has not reported to court for medical reasons and is cooperating with law enforcement.
"It is unfortunate that Mr. Doty has been released and we hope he abides by the terms of the stay away order and appears at his next court date," said Ray.
Hathaway said she believes Carmignani will never appear and the case against her client will be dismissed, because if Carmignani does attend the hearing he will be potentially exposing himself to criminal prosecution as a possible suspect in prior attacks on homeless persons.
"[In] none of these incidents, the individual has been prosecuted. So, for Mr. Carmignani to get on the stand in this case is opening himself up to making a statement of incriminating nature that potentially could result in a prosecution of him," said Hathaway.
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On Wednesday, San Francisco District Attorney Brooke Jenkins said Carmignani's lawyers told her office he wouldn't be available to testify, a day after he gave KPIX an exclusive interview describing his version of events that led to him being beaten with a metal rod after confronting homeless persons outside the home where his mother lives in the Marina District.
During the interview, Carmignani said neither the police department nor the DA's office had interviewed him to get his version of the events.
"He is a necessary witness in this case for a number of reasons given many factual allegations that have come up," said Jenkins.
"Without him present to testify, that created evidentiary problems for us."
Hathaway said Wednesday the DA's office and police gave Doty's defense team the police reports of multiple unprovoked attacks on unhoused persons in the same area because "it's believed the acts are related to Mr. Carmignani."
"The victims are either asleep, in their tents, sitting on a bench, minding their own business," Hathaway said. "And in all of them, this man who is described as 6 feet, 6-foot-1, 280, 300 pounds. Gray hair, brown hair, very similar, matching what Mr. Carmignani looks like. So these incidents are being reported over the last two years and fortunately, one of them was caught on video."
On the hazy surveillance video, a large man is seen spraying a homeless man, who is lying in a sleeping bag, with a large can of bear spray.
"That video is shocking," she added.
Jenkins said her office issued a subpoena for Carmignani after he was a no-show in court Wednesday, and said there were no plans to drop the case against Doty.
