this is cbs news bay area with reed cowan. >> the man accused of attacking

a former san francisco fire commissioner was released from custody, and what is next in the case. thank you for joining us. that attack fracture the skull of don carmignani, but the das office said the suspect is free to walk the streets after don carmignani was once again a no-show in court. the public defender said newly released video paints a very different picture of this case. let's start with justin andrews with the twists and turns. >> reporter: the prosecution asked for an extension because he was not able to show up today because of medication he was taking from his injuries from the attack. garrett doty cannot have contact with don carmignani . the judge ordered him to stay off the street where the attack happened. the attorney talked to the cameras right afterwards. >> hopefully either we have a dismissal at that time, because mr. don carmignani is never going to get a statement , or we proceed for the preliminary hearing and i get the opportunity to cross-examine

him. >> this is the video that added new revelations to the case, hathaway said she has strong suspicions that the person walking up to this person and spraying them with bear spray is don carmignani. the video was back in november 2021, this is also one of the unsolved ved. arindate four bloc isschedumay 23. thank you, for that part of the story, the san francisco da said don carmignani's testimony is necessary to prove the charges against trent for garrett doty. i spoke with stephon clark about where this goes. thank you for joining us this afternoon, we feel like it is important to reflect the views of mr. don carmignani's attorney. he said, don denies his involvement in any prior attacks, this is just victim

blaming, plain and simple. don was nearly beaten to death, there's no excuse for that. the videos speak for themselves, his character is irrelevant. his attorney said he is the victim of a crime and the media is trying to parade an alleged incident from the past, as a reason he somehow deserves what happened to him. you have seen the video. do you think there's a chance that it is don carmignani in those prior attacks? >> certainly that is the issue in the case because it is highly relevant as to whether this was self-defense and whether don carmignani was involved in other incidents involving the homeless using the bear spray. so, the public defender's office released him and it's up to them to prove it is him, but it is highly relevant information and i understand his lawyer wants to protect his client. but at the same time, this is very

troubled waters for mr. don carmignani if he is in fact the person in those videos. >> troubled waters for san francisco because if it is not mr. don carmignani, somebody is out there doing it. i want to be really clear with something with our viewers who are listening, you are hearing bear spray being thrown around quite a bit, but we want to let you know what the effects can be from bear spray. it is like hot acid in your eyes, it's 10,000 times more powerful than a jalapeno pepper. poison.org says it causes pain, temporary blindness, it can be super dangerous. if the surveillance video from the prior attacks is proven as being don carmignani, what kind of charges could he face? >> assault with a deadly weapon, it is already california law that makes him pepper spray can be assault with a deadly weapon. so i

think they will look carefully at filing charges against that type of case if they can prove it is mr. don carmignani, bear spray is a very dangerous weapon, particularly if you spray it into somebody's eyes. that is something that will generate the ability for mr. garrett doty, if he believes he's going to be bear sprayed to utilize self-defense, and that is going to be the key here, and whether or not mr. don carmignani will come to court and testify, i think if he is the focus of those prior attacks, he may say i'm taking the fifth. that doesn't mean he did it, but he might say i'm not going to put myself through this. that remains to be seen, whether he will come to court and testify under oath because then he could be subject to cross-examination and if it is him in those attacks, he could be facing very serious charges. >> how important is it to establish a motive? i want to go back to something he said during an interview, he

does nothing. city at >> something needs to change. the city is burning. when you have animals in the streets. >> when you hear those words, you have animals in the streets, the characters in that the city is burning , is that enough for a prosecutor to establish a motive? >> certainly, it sounds like vigilantism , that he is someone on the brink of breaking because of what is going on in san francisco. and i think that does establish a motive and that would go into the component of trying to identify who is the person in those videos, and i think that is highly relevant and those statements could be coming back to haunt him if he is ultimately charged in this case as the person utilizing the bear spray against the homeless . it's an element of frustration and i think the office might look at it as he is taking the law into his own

hands because the public is not protected by law enforcement and city officials . that is highly relevant and could be very important in the case. >> you talk about that point of frustration, and really that was the narrative from the art gallery owner who got in trouble for being caught on camera spring with the hose to the unhoused person. let's listen to what mr. don carmignani had to say about his frustration . >> when you call for help , 911 , and that is your savior and they don't show up, what do you do? >> that is his perception, he feels powerless as a citizen in the face of the many challenges the community presents to

business owners, homeowners, but is that enough to get him out of trouble if he is charged? >> certainly you can't take the law into your own hands, particularly when you utilize a deadly weapon under the circumstances. it is understandable that this has become the narrative in san francisco that the citizens are not being protected, that the homeless have too many rights and they are given too much of the benefit of the doubt. but at the same time, you can't utilize deadly force in this way. even if you call for law enforcement and they don't help. so, i think his statements are suggestive of someone that could take the law into his own hands out of frustration . but that doesn't justify his behavior , the frustration is understandable and i think the narrative between city and city officials and citizens needs to be better about how to deal with this very severe problem in san francisco. but at the same time, the das office has to protect people that are very vulnerable like the homeless population against this type of threatening and abusive behavior. it is a difficult

problem but this is not the way to solve it by taking the law into your own hands. >> let's go to the converse of that, can the unhoused person who is seen on video holding a weapon, and you can see the struggle between the two men, can he adequately mount a self-defense narrative in court when it is bear spray or pepper spray? because mr. don carmignani is severely injured. >> that is the key to the case, the self-defense has to be reasonable, and when the threat is no longer viable, you have to seize the self-defense. when mr. don carmignani is running away , but yet he is still getting hit in the head, that ends the self-defense component of this and makes it potentially a felony assault with a deadly weapon but that is really up to a jury to decide when that self-defense right ends but once that threat is no longer viable, you cannot continue to use, particularly in this case, deadly force. so, mr. garrett doty , the unhoused individual

may have gone too far. he may have legitimately been using self-defense originally when he was confronted with the bear spray but once that threat was over, you can no longer continue using that type of force. but as a practical matter without mr. carmignani coming to court, i don't know that this case is provable. it may still be in assault with deadly weapon on behalf of mr. garrett doty but without a victim, you're not going to get a case going into court and trial. as a theoretical matter, mr. garrett doty may have gone too far once mr. carmignani retreated, but without a victim, you don't have a case. >> it is important we let you know, if you want to hear the full interview, it is on our website, kpix.com. this case has brought up concerns of

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welcome back. we continue to dig into the case of the former san francisco fire commissioner attacked by the unhoused man, by the way, he was released from custody because mr. carmignani did not show up in court. more with our conversation with stephon clark about attacks like this in public safety overall in san francisco. >> broadening this out to the city and the perspective from the city, these attacks on

unhoused people using bear spray and pepper spray, report of the, video exists from 2021 and 2022. why didn't the city issue a public safety alert, if the city has that video and they know what has happened to some of the unhoused people, why not issue a public safety alert? >> certainly, you have to ask the question, why aren't we protecting people more efficiently when you see videos like this? and they are very disturbing. these are sadistic acts on people who are just sleeping. and i think the city does need to react to this and the das office has started to say, we are going to prosecute people for using this type of violence against the homeless, but it is a two-way street as well. the citizens and business owners also need that protection , and i think the narrative that needs to move forward here both in the san francisco and across the nation is, let's get together and

solve the homeless problem. we need the resources, we need to get them housed and we need to get them on their way and get treatment. but at the same time, they should not be victimized here and brutalized like you saw in some of these videos. because that also is wrong. and it's really a coming together of everyone in the city to start addressing this problem. >> coming together and may it be so. stephon clark, thank you for your time. we continue following developments in this case on kpix.com and streaming on cbs news bay area. still ahead, applicants say something that is very simple could save the lives in the event of an overdose, we are going to look at the statewide push to get you more access to nor can , s had

this one could save lives, there is a statewide bill that would require the overdose reversing pill, narcan to be available in libraries, gas station, bars, in the form of nasal spray that can save a life in seconds. we have spoken to families around the region who has lost loved ones to overdoses, a mother who lost her son gave me this very kit. many say making this more accessible is critical. >> he took a pill he thought was xanax and it had fentanyl

in it, and he dropped dead. and it breaks my heart. that i have to tell this story. >> we have to do something, we are under attack. >> if it is going to save somebody's child and save a family, i think it's a great idea. >> if we can save one person's life, we would consider it a success. >> you just heard from hurting parents, and here is why, a recent analysis by the chronicle in san francisco alone, 200 people died of overdoses in the first three months this year, that is a 41% jump from the same time a year earlier, you can call this a crisis. most of those deaths involved fentanyl and so many people say just a simple dose of narcan could have saved lives. joining me now, the state assembly member, matt haney , thank you so much for talking with me. you are

making it so the message goes to the public that these should be in all of our hands that places we go frequently. why? >> well, fentanyl is the most deadly epidemic case in our state, it is the leading cause of death of people between 18 and 45 in california, over 7000 deaths in a single year. and there are many things we have to do, we have to get it off of the streets and out of the community, we have to expand access to treatment there is no excuse to not have narcan everywhere it is needed . some people are ingesting fentanyl intentionally because they are addictive, other people are doing it accidentally, many are doing it in public places and narcan is simple to use, it is harmless, anyone can use it and when you do, it saves a life and the difference between life and death can be seconds or minutes that you have

narcan. >> i spoke with her mother and she and her husband are part of the leadership of many ace hardware stores in the bay area, and she told me that a lot of people see the face of fentanyl addiction or overdoses as being associated with the tenderloin. she said my son was not in those areas , and he could have been saved had somebody had one of these kits that she now makes sure is in the hands of so many people. tell us about the perception problem, that it's not necessarily the people that you think would be at risk of overdose. >> this is an epidemic that is affecting every city and county, rural, urban, it doesn't know geographic lines, partisan lines, so we need solutions like narcan that is available to save lives. addiction is a real issue and we have to get people into treatment, stopping fentanyl from being in the community to begin with is a real issue. but, narcan is something that can save lives, we cannot

self administer it, if somebody is overdosing, it is a question of the minutes that we can get narcan to them . and i have administered narcan myself, anyone can doving it available in places where people are, like bars and libraries and hotels, we know this will save lives but right now, sadly, narcan is not where we need it and we have a responsibility to these families to make sure we can protect their children and protect everyone in california >> we all like to think if we saw a car accident in front of us, we would do everything we could to save a life. can we get in trouble for using narcan , for the average citizen? it is for a person who is having a medical crisis, can you get in trouble for administering it at the street level? >> there is no liability for administrating or not, we are simply saying it should be available if you want to assist and i many people would want to

assist if somebody is in a life or death situation. if you want to assist, narcan should be there like a first-aid kit or fire extinguisher, but there is no liability for using it or not using it. and if you choose to use it and the person is nod, ere i ll thatit e it some is t overngcannot is e t th self, but sionhow e mebontto usthat on. >> one of the bridge builders in our community said to me, dead people can't make the choice to get clean and sober and this gives them the opportunity for another chance in life. thank you so much for talking to us this afternoon. it's very simple, this is what it looks like, and if this effort goes through, people will be able to have this at

the places we go. so, first alert weather, let's talk about that. hundreds of people are now going to be looking at something else. >> the temperatures are in the 80s, even 92 degrees in fairfield and even much warmer than average around the bay, 81 in oakland, exceptional along the

time for a look at our forecast with paul heggen. cae you, that reminds me of something i put on my face when i had acne. >> yes, that was good stuff. it feels like june, rather than late april, but we are going to see a shift when we head into the weekend, it is going to be very warm inland tomorrow and again on saturday. the onshore breeze is going to get stronger. the storm system is going to be close enough to squeeze the atmosphere over the bay area and producing a stronger onshore wind and a major cooling trend for the latter half of the weekend . right now, just a little bit of fog, trying to sneak through the golden gate, it is a very compact marine layer because of the weight of the atmosphere on top of us. that is also compressing the air around

ground-level, heating things up, in the low 70s, low 80s in oakland and temperatures inland in the mid to upper 80s. spread thh thgoldengate, e of the inland morng, viy ou ovch of tharea. backg up toward the coast, you might have a harder time shaking it there. temperatures are going to drop down to the low to mid 50s for the most of us, maybe briefly into the 40s but then we warm up once again on friday. temperatures will not be as warm around the bay, low 70s for oakland in the east bay, but inland in the mid to upper 80s, some of the warmer spots touching 90. a little bit cooler for the north bay. that is still well above normal for this time of year. pretty far away from record territory for much of the bay area, especially closer to the water. san jose and livermore both

falling three degrees short of record territory for tomorrow but today is the peak of the temperature roller coaster , but the drop is noticeable as we headed to the weekend and early next week and the cooler weather pattern next week is also going to be unsettled. we are bringing a chance of rain showers into the forecast beginning on monday and that will continue tuesday, wednesday and thursday. now one particular day is going to be a complete washout but it's going to be one of those patterns where we will see intermittent showers developing especially in the afternoon and the atmosphere could be unstable and we could hear a couple rumbles of thunder as we head into early may. not exactly what we expected. >> thank you so much. let's look at chase center, where the warriors could knock the kings out of the first round of the playoffs tomorrow. they have a 3-2 series lead, the

game tips off tomorrow at 5:00 p.m. and cbs evening news is next , the local news continues streaming on cbs news bay area ♪ ♪ >> norah: tonight, the breaking news. former vice president mike pence appears before a federal grand jury investigating the january sex assault on the capital. what his testimony could mean performer president trump. here are tonight's headlines. ♪ ♪ mike pence under oath for seven hours. what we are learning. ♪ ♪ the 21-year-old air national guardsman accused of leaking america's secret letter less in court. the cache of weapons and tactical gear found in his bedroom. why he was previously flagged by law enforcement. ♪ ♪ residents across the midwest evacuate as the mississippi river swells to dangerous levels. ♪ ♪