The suspect in a Marina district assault which left a former San Francisco fire commissioner hospitalized with a fractured skull was released on his own recognizance by a San Francisco court today.
“I am going to release you on minimum supervision,” superior court judge Loretta Giorgi told defendant Garret Doty. She admonished him to stay 50 yards away from the victim and to “stay off” Magnolia Street – a two block street in the heart of the Marina.
Doty had been booked on three charges: ‘assault with a deadly weapon’, ‘battery with serious injury’, and ‘assault with force likely to commit great bodily injury’.
The release came after the court was told that victim Don Carmignani was not well enough to attend because of his injuries and the medications he was taking as a result. Prosecutors added that investigators had not yet been afforded an opportunity to take a statement from the victim.
Public defender Kleigh Hathaway reminded the judge that her client has a right to preliminary hearing by today, adding that, if the prosecution was unable to proceed because of witness unavailability, the remedy was to release her client until that could take place.
“That’s what’s going to happen,” replied the judge.
Garret was order to appear in court again on May 23.
Outside Department 20, Hathaway made new claims about the person shown in a January 2023 video which apparently shows a homeless person being ‘bear sprayed’. She said that this incident also resulted in the spraying of a dog and that items including a wallet, jewelry and a cellphone were stolen from one of the victims in that incident. It is strongly implied by the defense that the perpetrator was Mr Carmignani.
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