No Charges Yet Against Accused San Rafael Police Officer
SANTA ROSA (BCN) - The Sonoma County District Attorney's Office is still investigating whether a San Rafael police officer assaulted a man at a Petaluma restaurant on New Year's Eve.
No charges were filed against Cpl. Michael Augustus in Sonoma County Superior Court Thursday morning. Deputy District Attorney Troye Shaffer said the case is still under investigation.
Petaluma police said Augustus, 43, of Petaluma, assaulted a man outside the Kabuki Restaurant and Sushi Bar at about 9 p.m. on Dec. 31.
The alleged victim said he was seated at a table when Augustus bumped him on purpose and yelled obscenities at him, according to police.
The man followed Augustus out of the restaurant and the two men began yelling at each other and pushing each other, police said.
Police said Augustus then allegedly pointed a semi-automatic pistol at the man's head and threatened him. The victim backed away and Augustus fled, according to police.
Augustus was arrested on Liberty Street on charges of brandishing a weapon and assault with a deadly weapon.
Outside the courtroom Thursday morning, Augustus' attorney Matthew Pavone gave a different account of the incident.
He said Augustus was celebrating his 12-year-old stepson's birthday with the boy's mother and father at the restaurant on Petaluma Boulevard North.
Pavone said two men who were bigger than Augustus threatened his client after he and the other family members left the restaurant. He said Augustus drew his gun to de-escalate the situation and acted in self-defense.
Pavone said Augustus did not flee the scene, but rather left quickly after he "stabilized the situation" because he had been threatened and wanted to avoid further confrontation.
He said the fact that the district attorney's office wants to investigate the case further shows "due diligence" on the part of prosecutors.
Augustus will return to court Feb. 3 to see if charges will be filed against him.
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