A homeless man accused of assaulting a former San Francisco fire commissioner with a metal rod was released from police custody Thursday, prosecutors said.
Garret Doty faces charges, including assault with a deadly weapon, but he can't be held in jail any longer, San Francisco District Attorney Brooke Jenkins said in a Thursday statement.
He was released when former fire commissioner Don Carmignani failed to appear in court to testify, she said.
FORMER SAN FRANCISCO FIRE COMMISSIONER HOSPITALIZED IN HOMELESS ASSAULT SHARES VIDEO OF PIPE ATTACK
The 53-year-old former fire commissioner, who is expected to survive, reportedly received more than 50 stitches following the attack, and even needed surgery on his skull.
Prosecutors wanted Carmignani's testimony at a preliminary hearing, but he was unable to appear as he is still recovering from surgery for a fractured skull and broken jaw, Jenkins said.
"His testimony is necessary for us to prove these charges," her office said.
The beating shocked the city, which saw a tech executive stabbed to death days earlier.
Doty said he acted in self-defense, FOX San Francisco reported. His attorney said Carmignani has used bear spray on eight occasions to douse people living on the streets.
"My client has not been provided any details whatsoever about these alleged prior incidents but he denies any involvement. Regardless, the previously released videos of the incident speak for themselves," said lawyer Nicholas Salvatore Colla. "My client was repeatedly beaten with a metal rod while in the act of retreating a distance spanning nearly two city blocks from the initial point of contact with the defendant."
In the meantime, Doty must stay away at least 100 yards away from Carmignani and avoid the area where the altercation happened, FOX San Francisco reported.
