Ex-fire commissioner Don Carmignani, who was allegedly struck with a metal rod by a homeless person — and has now been publicly accused of vigilante behavior possibly responsible for eight other assaults against homeless people in the Marina — failed to show up Thursday morning for a preliminary hearing.
It was the second time Carmignani missed a court date to determine whether there is sufficient evidence against Garrett Doty, the homeless person who allegedly struck the former fire official multiple times on April 5, breaking his jaw and requiring two surgeries.
The hearing will now take place on May 23, and Doty was released from custody today.
“Carmignani was unable to be in court today, based on the severity of his injuries,” said Michele Brass, the prosecutor with the District Attorney’s Office in charge of the case.
She acknowledged in court on Wednesday that Carmignani had given a press interview, but explained that this interview had taken place in his home, where he could take breaks to take medication and rest his jaw, which was broken in the attack.
A press statement from the DA’s office states that “Mr. Carmignani has not provided an interview to the San Francisco Police Department (SFPD) on this case, despite multiple requests for an interview.” A statement would have allowed the case against Doty to move forward today without Carmignani being physically present in court.
Police body camera footage from the April 5 incident captures Carmignani telling his girlfriend, “don’t say nothing to nobody, don’t say nothing to the cops,” according to Kleigh Hathaway, the public defender representing Doty.
“We are hopeful that he is available to testify in open court, as he has now given an on-camera media interview about the attack from his recollection,” the DA’s statement continues.
Hathaway said that she wants the case against Doty “dismissed as soon as possible. She has a “strong suspicion” that Carmignani was the perpetrator of the previous attacks, and that Doty was acting in self-defense. She says that footage of the April 5 incident shows Doty covering his face with his jacket prior to the attack, demonstrating belief that he was going to be bear-sprayed by Carmignani.
“I don’t foresee the complaining witness coming to court,” said Hathaway, after the hearing was moved to May 23. Doty is now a free man, with an order to stay away from Carmignani and to stay off Magnolia Street, where Carmignani lives and where the attack occurred.
A press release from the DA’s office states that “this case requires the victim’s testimony.”
“We’ll see what the future holds,” said Judge Loretta Giorgi.
If he does testify, the cross will be brutal. He will be questioned on the stand about his history of attacking homeless people, and any lie on the stand who get him into further trouble. He will have to confess to the previous crimes or deny them. I can imagine that he’ll have trouble testifying about this.
Carmignani should be arrested.
Looks like yet another alt right poster “innocent victim” for the decline of San Francisco is a crook.
When every cop is a criminal, and all the sinners, saints.
“Hey, hey everybody. Brothers and sisters, will you just cool out??”
https://m.youtube.com/watch?v=pqK-J9S2GXs&pp=ygUnc3RvbmVzIHN5bXBhdGh5IGZvciB0aGUgZGV2aWwgYWx0YW1vbnQg
I play that live version of Sympathy for the Devil whenever I drive over Altamont Pass. Keith didn’t give a shit if someone just got knifed, kept playing, and Mick had to quiet him down.
Don has been in hot water before…https://www.sfweekly.com/archives/s-f-s-new-cannabis-don/article_31d2a0d0-6eec-555d-a791-5026847fee6f.html
I said it before and I will say it again: the local media coverage of the stabbing of Bob Lee and of this incident is hugely problematic……and just plain lousy. Whereas: Mission Local’s coverage of both stories has been stellar, grounded, clear eyed. A cursory review of the headlines from different local news outlets and publications (SF Chron, Examiner, SF Standard, KPIX, KGO, KTVU and KRON) shows heavy fear mongering and a National Inquirer type of sensationalistic framing. Headlines for morons. Garbage reporting. Also: why did the former SFFD commissioner go to the tabloids first but still hasn’t been interviewed by the cops? Crooke Jenkins’ anemic decision making is equally problematic and has the optics of political posturing for the national media. Something really stinks here. Local media’s coverage of both stories is skewed so that morons have rancid red meat to chew on. Same goes for the national media’s regurgitation of those same fear and loathing red meat chunks. Don’t believe the hype.
Refusing to give a statement to cops about getting beaten sure is suspicious.
Greeny,
You should have seen last night’s Appeal Board hearing.
Subject was whether a permit to rebuild a fence was legal.
Appeals Chair Rex Swig closed by saying the solution was for the Appeals Board to write a letter to D-9 Supe, Hillary Ronen to …
“Do your job !!”
Even tho she’d worked with all parties and relayed to them that until the property belonged to the City she could do nothing.
Swig’s day job is running a large corporate sponsored charity practicing ‘trickle-down’ for a few and he ain’t no friend of anything Progressive.
Go Warriors !!
h.
Seems disingenuous to call him a “vigilante” when he was instead roaming the streets and preying on people who aren’t committing crimes.
Hey Jeffrey-wrecking the view for homeowners with a display of poverty is a crime, right?
Poverty? Drug addiction which politicians sustain by not remanding those poor souls into care programs is not compassionate either! If it was Carmignani who attacked those poor souls that is very wrong, but our government not helping people in need—the addicted is in its own right just as shameful