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 ♪♪ alex! mateo, hey how's business? great. you know that loan has really worked wonders. that's what u.s. bank is for. and you're growing in california? -yup, socal, norcal... -monterey? -all day. -a branch in ventura? that's for sure-ah. atms in fresno? fres-yes. encinitas? yes, indeed-us. anaheim? big time. more guacamole? i'm on a roll-ay. how about you? i'm just visiting. u.s. bank. ranked #1 in customer satisfaction with retail banking in california by j.d. power. >>> 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 i

we are hearing the assault and battery case against garrett doty could be dropped. don carmignani claims garrett doty attacked him when he wouldn't clear out a small encampment in front of his mother's house. garrett doty's public defender said don carmignani pepper sprayed him first, and the office says there are eight different police reports involving someone with the same description as don carmignani, indicating that he was the aggressor against homeless individuals. their office believes he is the person in this screenshot taken back in november 2021. don carmignani told us last night, that is not him. >> they are showing a person of interest, and that wasn't me. >> don carmignani was not in court today, the judge moved to the hearing to 9:00 a.m. tomorrow and if he doesn't show, you order prosecutors to drop the case altogether. >> and elizabeth holmes will stay out of prison for now, she was due to surrender , she now has at least 10 more days of freedom after the attorney filed a last-minute appeal late yesterday. the delay is automatic to give the governme

garrett doty does when he realizes it is mr. don carmignani coming at him, he ducks out of the way with his coat covering his head. implying he knows and has been subjected to the violence of the bear spray in prior incidents. >> in the original case against don carmignani's alleged at s her he was not able to testify today. he was asked about the latest revelations from the public defender's office, this is what she had to say. >> right now nothing has been submitted to the office from police with respect to asking us to look at anything for charging purposes. i have viewed a video and right now, it's simply an allegation of who it is , so there's more investigation that needs to take place surrounding that. >> reporter: we had an exclusive interview with don carmignani last night and he told us that is not him in the public defender's photos. >> they show me a person of interest , and that wasn't me. >> reporter: you can watch the full video on our website, kpix.com . again, there's only one court case going forward, that is t

. >> reporter: garrett doty's public defender said carmignani sprayed her client and he was acting in self-defense when he hit him with a metal pipe. >> when i was running away, the impact at the back of my head went through my skull. it cracked my job. from here all the way down and they put a plate in from here all the way to hear. >> reporter: carmignani denied the altercation saying he was trying to get garrett doty and two other men to leave the area in front of his mother's home after her 911 calls went unanswered. >> i used the spray as self-defense . i never went after him. i never ran across the street to fight him. that was never my goal. drove the d.a. said she would be forced to release june 23 from custody if carmignani does not show up to give his side to the judge. >> he is a necessary witness in this case for a number of reasons. given many factual allegations, that have come up. >> you guys are not dropping this? >> no. >>> that -- we've done our job. we are the only ones to lift the debt limit and make sure that the economy is not in jeopardy. - life is uncertain. ev

garrett doty needs to stay off magnolia where the attack happened. >> mr. doty is so happy to get out of custody. it's been very hard for him to be in custody. i've been in contact with his mother who was in very concerned. we're going to be in constant contact with him once he gets out. >> reporter: garrett doty has been charged with aggravated assault and battery. there have been eight separate acts of violence targeting homeless people in the marina district. this one shows a person spraying a homeless person with bear spray. >> i've been doing this for a long time. i understand the impact of prior bad acts and would be impeachment on mr. don carmingnani. the eight police reports that i referenced yesterday, which i never said they were don carmingnani, let's get that clear. i don't know. i have a strong suspicious they are because of similar descriptions and a similar mo. >> reporter: don carmingnani's attorney said that don denies his involvement in any prior attacks. this is just victim blaming, plain and simple. don did not come to court today becaus

but focusing on the victims face. >> garrett doty is facing charges of assault with a deadly weapon, aggravated battery with serious bodily injury , assault with force, likely to produce great bodily injury. we asked the district attorney about this video. >> i viewed a video. in right now, it is simply an allegation of who it is. he is a necessary witness in this case for a number of reasons. given many factual allegations that have,. >> you are not dropping the case? >> no. >> the former fire commissioner was not in court to address the allegations. if he does not show up today, the judge may order prosecutors to drop the case against garrett doty. hearing begins at 9:00. we will be there. >>> a debt ceiling bill narrowly passes the house but the drama is not over. why the country could default on its debt for the first time ever. >>> we cannot - life is uncertain. everyday pressures can feel overwhelming it's okay to feel stressed, anxious, worried, or frustrated. it's normal. with calhope's free and secure mental health resources, it's easy to get the help you and your loved ones

. >>> garrett doty, the suspect accused of brutally beating former san francisco fire commissioner, don carmignani, is set to appear in court this morning at 9:00 a.m. according to the attorney for carmignani, because of the evidence, the district attorney might be dropping the charges. we reached out to the public defender for comment, and while they did not confirm whether the charges will be dropped, they did say this. "the public defender has received discovery from the prosecution that includes evidence of prior unprovoked attacks of homeless people alleged to have been committed by carmignani." meanwhile, we sat down with carmignani for an exclusive interview as he shares his story for the first time. >> when i was running away, the impact in the back of my head went through my skull. they cracked my draw from here all the way down , in the put a plate in from here all the way here. the former fire commissioner and long-time resident, don carmignani, spoke through incredible pain , detailing the injuries he sustained from this vicious attack in the marina near laguna and magnolia

beating san francisco fire commissioner don carmignani is set to appear in court. 24-year-old garrett doty was charged with multiple felonies. according to the attorney for don carmignani, because of new evidence, prosecutors may actually drop publdefenderr commenhile ey dinot confirm whether those charges will be dropped, they did say this. "the public defender has received discovery from the prosecution that includes evidence of prior unprovoked attacks of homeless people alleged to have been committed by don carmignani. " in a story you will only see on cbs news bay area, carmignani talks about his injuries and this case. >> when i was running away , the impact in the back of my head went through my skull. he cracks my draw from here all the way down. they put a plate in from here all the way to hear. >> reporter: former fire commissioner and long-time resident, don carmignani, spoke through incredible pain, detailing the injuries he sustained from this vicious attack in the marina near laguna and magnolia streets. new video from his attorney shows garrett doty picking up a metal weapon

that means accused attacker garrett doty will be released. at least that's what the judge ordered today. next hearing is late may. prosecution asked for a continuance saying he was not able to show up because of medication he is taking for injuries from the attack. judge released doty with minimal supervision and he cannot have contact with carmig gnani. >>> hopefully we have a dismissal because he will never come in and give a statement. or we proceed for preliminary hearing and i get the opportunity to cross examine him. >> reporter: this is video that added new revelations. hathaway says she has strong suspicion that the one walking up to the person and spraying them with bear spray is carmignani. this is also one of the assaults on unhoused people within blocks of where the former fire commissioner lives. we know the charges are still pending against doty and next hearing date is may 23. >> we just got a statement from district attorney jenkins. we have not dismissed the charges in this case. she adds, quote, today the people moved for an

they say that garrett doty, the former san francisco -- carbon body. carbon body is in the hospital and doty will be charged on felony assault. >>> police are promising a crackdown tonight after a series of sideshows in the east bay. police just tweeted that the department is sending additional resources out to watch for illegal sideshows. that right there is one of the sideshows that happened overnight. there were reports of up to 50 vehicles in the area of adeline and 16 streets in oakland. oakland was not the only place though. there were sideshows in richmond and rodeo. you can see people hanging out of the car windows in this richmond sideshow. >>> san jose police are investigating a shooting just south of downtown. the shooting happened around noon. at least one person was shot. paramedics rush the person to the hospital with life- threatening injuries. >>> disappointed and embarrassed are the words of the mayor of antioch after a judge release the names of 17 police officers accused of using racist language. the contra costa judge released the n

. >> reporter: garrett doty's public defender said that he was acting in self-defense when he hit him with a metal pipe. >> when i was running away, the impact in the back of my head went through my skull. it cracked my jaw from here all the way down, and they put a plate in from here all the way here. >> reporter: carmignani said that he was trying to get doty and two other men to leave the area in front of her mother's home after her 911 calls went unanswered. >> i used the spray as self-defense. i never went after them. i never went across the street to try to fight them. that was never my goal. >> reporter: the district attorney says she will force to release doty from custody of carmignani does not give his side. >> he is a person of interest in this case given the factual allegations that have,. >> you guys are not dropping this case? >> no. >> reporter: doty is facing charges of aggravated assault with bodily injury and force likely to cause great bodily injury. >> katie, if this case does not move forward, could doty claim self-defense on his own? >> reporter: i asked a crimin

prosecutors say that garrett doty assaulted a man who you see here with a metal bar in the marina district last week. he is a former san francisco fire commissioner and his attacker was charged with assault and will be arraigned on thursday. his attorney said that he is in quarantine at the county jail due to technical difficulties but couldn't commit or participate in zoom. she said he also sprayed them with pepper spray. >> once we dig down further to the case, i think this will be a self-defense case. my client has no record. >> he is still in the hospital with his friend saying he is awaiting surgery. >>> dueling court decisions leaving the legality of abortion pills and limbo. on friday a judge issued a ruling which paused the fda's 2000 approval of the drug mifepristone. a judge in washington ruled that the authorization of the fda can't be taken away. the battle is motivating both sides on the debate. >> reporter: a standoff this week over abortion, yet again dividing the country. democratic lawmakers introducing legislation today to protect access to the abortion pill. >> it is our

new video from his attorney shows garrett doty picking up a metal weapon from a trash can and taking practice swings outside don's mother's home. moments later he viciously swings the weapon at don's head and he fractured his skull. >> i did not go out there to fight anyone. i'm trying to get down the road. it is 3-1. i kno the odds. i am 52 years old. i have had two hip replacements. am an old guy. i could have bee a dead guy. >> reporter: it is why don said he did not run away and tried his best to defend himself. th suspect was charged with multiple felonies. on tuesday, his attorney said the assistant d.a. told him the attack on don was self-defense and that new evidence of prior unprovoked attacks on homeless people believed to have been committed by don led to the decision to dismiss the case. >> they showed me a person of interest and that wasn't me. >> reporter: don now says that he arrested for discharging pepper spray. >> i never went after him. i never went across the street to fight him. that was never my goal. >> reporter: don said that he misused the pepper spray and sp

the alleged assault suspect garrett doty was in court today for his pulmonary hearing, but kpix.com was not. if he is not there to give his side of the story tomorrow, the judge could order the case dropped. this was the original case. doty was accused of beating carmignani after carmignani tried to get doty and two others to move from a small encampment in front of his mother's house in the arena. his public defender says that carmignani pepper sprayed him first and that the defender is releasing the video that proves he was acting in self-defense. so check this out from november 2021. you see a man with a blanket lying on the sidewalk and another man whom the public defender believes is carmignani, walking up to him and spraying him with bear spray. that is one of eight similar attacks reported against the unhoused within four blocks of carmignani's home. then there is this video dated april 5th, the day that carmignani was later attacked. the public defender says that is him walking towards the sidewalk holding something. then a man covers himself with a jacket. there he is, as if he

they were decide if there was enough everyday against garrett doty to present a trial. but they asked for a continuance saying that carmignani couldn't show up because of medications he was taking from the attack. this comes after a dramatic turn yesterday with the release of the new video. doty's public defender says she believers the man walking up to this person sleeping on the streets and spraying them with bear spray is carmignani. this was from november, 2021 and is one of eight attacks on homeless people within blocks of where carmignani lives. doty's defense team says carmignani had pepper sprayed doty prior to being beaten. carmignani's attorney released a statement today saying don denies his involvement in any prior attacks. this is just victim blaming, plain and simple. don was nearly beaten to death and there is no excuse for that. so da brooke jenkins says they have not dismissed charges against doty and carmignani's testimony is necessary for prosecutors to prove them. now the next hearing is set for may 23rd. >> hopefully either we have a dismissal at th

police say 24-year-old garrett doty swung a pipe at 53-year-old don, the former fire commissioner says it was a homeless man camping near the marina district. he says he's releasing the video to draw attention to the city's deteriorating public safety. the show shows the victim using both hands to protect his head before hurrying away with blood on his face and he suffered a fractured skull broken jaw and needed 51 stitches. >> police arrested a transient man named gaird allen doty. tonight we are learning that prosecutors in san francisco are working to dismiss the charges against the sale and. joe alito says a close friend of the former fire commissioner who was attacked that night is a former d.a. candidate in san francisco and joins us now for reaction. your reaction to the possibility of these charges being dropped. why? listen, san francisco needs a strong district attorney. they need somebody that is going to give them the feeling of safety, somebody that can have faith in the justice system and beer losing it in san francisco. district attorney yesterday 5:30 sent an email to t

you know this guy's name, garrett doty, charged with assaulting the former san francisco commissioner. he will be arranged. the city da brooke jenkins to announce the charges against him, which include, and you're watching him carrying the weapon, aggravated battery with serious bodily injury, and assault with force, likely to produce great bodily injury. this stems from the incident in the marina district when police say he pummeled carmaniani with a metal pipe. >>> here is a headline . watch new york today. former president donald trump is scheduled to sit down for his deposition in the big. this time, it's connected to a civil lawsuit brought by. the new york attorney general. last year, truck, his children, and company, they were sued for some $250 million for more of a decade of alleged fraud. this is not the first go around with this case. last year, mr. trump sat for a deposition in the matter, and in that time, he refused to answer questions over and over, pleading the fifth. >>> let's go to tennessee where a second lawmaker has reclaimed his seat. representative justin pearso

garrett doty is free on his own recognizance because don car meany failed to appear in court today toically unable to attend. of the suspect's lawyer says dodi was defending himself after being sprayed previously with bear mayes. considering a major budget cut for the nation's top law enforcement agency. today the fbi director tried to talk them out of it. he also answered questions on a host of other topics. correspondent gillian turner has details. >> 22% reduction would mean hundreds more violent criminals out on the streets. dozens more violent gangs terrorizing communities. >> the fbi director in the hot seat on capitol hill today pushing back against the g.o.p. budget he says would endanger americans. he says they need the full $11.5 billion in biden's proposed budget to fight china. >> we have grown the number of investigations in to the chinese government and their actors by about 1300 percent. we have well over 2,000 active investigations. >> republicans largely criticize the fbi raid on former president trump's mar-a-lago, accusing the bureau of caring more about politics th

. >>> garrett doty, the man charged with assaulting a former san francisco fire commissioner will face a judge in his arraignment. on monday, the charges were announced against ability, which includes assault with a deadly weapon, aggravated battery with serious body injury, and dealt with force to likely produce great bodily injury. that is the statute's language, but this comes from the incident in the marina district when police say doty pummeled carmaniani with a metal pipe. he faces seven years in the slammer if convicted. >>> some overnight the betterments on the issue of abortion in our country. >>> a federal appeals court bought parts of texas' order that would have suspended fda approval of an abortion pill. under the new order, the approval will stay in effect, and the drug will stay on the market while expedited appeal plays out . however, there's a big underscore. the appeals court did leave in place some parts of that original ruling, including ending the requirement that the pill be picked up in person , and adjustments to the fda's label have been made as well. >>> more

district attorney's office informed them today of the decision to dismiss charges filed against garrett doty and consider charge against carmen yanni. instead, dodi was shown on video from april 5th swinging a metal pipe and striking carmen jani a number of times community was hospitalized and required extensive surgery to his job to his brain. dodi was originally facing several charges, including assault with a deadly weapon will now, according to and his legal team, the san francisco da's office is really in the attack as self-defense. the incident between these 2 men started when comey on e reportedly asked dodi and some other men to not hang out in front of his mother's home at which point herman yanni allegedly used pepper spray from legal team says that they were notified by the da's office that how may be prosecuted for discharging pepper spray. >> new details tonight about a shooting in san francisco's north beach neighborhood that left one person dead and 4 others injured. police say the man who died and other suspects were trying to rob people at gunpoint when the altercation inten

and the public defender for the suspect, garrett doty, released this video, saying it shows the ex firespray, and spraying the man as he lay on the ground. that's when the man appears to get up and the pair begin to scuffle. a short chase leads up to the beating. >> unless mr. carmen johnny is credible, and believable, they don't have a prosecution. >> doggies public defender says it may not even in there. she also points to this video, entered into evidence by the district attorney, she says, showing the 2021 bear spring of another homeless man. the question now, is this also -- ? >> i don't know. i have a strong suspicion that they are because of similar descriptions in a similar mo. but i think most importantly, it is the district attorney and the police who chose to include these in the discovery for this case. >> hathaway says there are eight separate instances of bear spring's odds on homeless people entered into the case by the district attorney. >> the victims are either asleep, in their chance, sitting on a bench, minding their own business. >> i am an old guy, and i could've b

them to leave and that's when he says he was attacked by a man who police later identified as garrett dotybut representative for dodi, his public defender says that's not the whole story. >> mister doty did not start this altercation. mister. carmack nani. approach. mister doty. and threatened mister doty. sprayed him with pepper spray. >> in a statement kron 490 said, quote, i am hopeful that this unfortunate incident will lead to police or to policy changes to better protect the interests of san francisco. residents and that my attackers will be fully prosecuted and quote, now common downey is expected to make full recovery. and as for the suspect, dodi, he now faces multiple charges, including assault with a deadly weapon. >> time now is 9.36, and a bicyclist was killed in near redwood city. the 37 year-old male cyclist was riding on canada road near the fa lowly historic house in west of redwood city 5 o'clock. when an acura rear ended the cyclists, that acura was driven by a 22 year-old from south san francisco. the man's name has not been released, who was killed? >> well, we'll pass

officers update regarding the man accused of attacking a former san francisco fire commissioner, garrett ellen dotysday. charges include assault with a deadly weapon. police say he hit the 53 year old victim with a metal pipe. a public defender says she believes this is a case of self defense. a friend of the victim says the victim will be permanently disabled. piece of a skull was removed and they replaced it with a metal plate. he's got a broken jaw that he's going to need surgery on, but they can't do it until the swelling in his brain comes down. my understanding that this might be wrong. but my understanding at this preliminary the point is that mr carmack nani. came upon my clients. and threate then pepper sprayed him. donnie pieces seven years in prison if convicted, oakland police have seized a number of guns after arresting two people connected to a car break in. police say they found a car connected with the theft on friday, after trying to stop the car. two people ran away, but officers eventually tracked them down and took them into custody. the suspects had two loaded guns, both equipp

garrett dottie representative, though, for dottie. his public defender says that that's not the whole story. >> doty did not start this altercation. nani. approach. mister doty. and threatened mister doty. sprayed him with pepper spray. >> in a statement kron 4 coming on, he says, quote, i am hopeful that this unfortunate incident will lead to policy changes to better protect the interests of san francisco. residents. and that my attackers will be fully prosecuted, end quote, coming out is expected to make a full recovery. and as for the suspect, dodi now faces multiple charges, including assault with a deadly weapon. >> time now 7.36, a bicyclist was struck and killed near redwood city. all we know is a cyclist was 37 years old and writing on canada road near the lowly historic house west of redwood city owes around 5 o'clock last night when an acura ran into the bicycles, rear ended. the bicyclist was driven by a 22 year-old south san francisco resident. that was the driver. the victim's name has not been released. >> well, willow, pass road in concord is open once again after a car crash caused a shutdown for several hours. and

garrett dottie, attacked him. no representative for daddy says that. that's not the full story. >> mister dotyion. mister. carmack nani. approach. mister doty. and threatened mister doty. sprayed him with pepper spray. >> well, in a statement, a crowd for cara met carrick, many says, quote, i am hopeful that this unfortunate incident will lead to policy changes that better protect the interests of san francisco. residents. and that might hackers will be fully prosecuted, end quote. he is expected to make a full recovery by the way. and as for the suspect. doting now faces multiple charges, including assault with a deadly weapon. aggravated battery and serious bodily injury along with assault with force likely to produce great bodily injury. >> it's 5.37. and still ahead on the kron, 4 morning news, a % new bill tries to help college students facing an institutional debt. how it could prevent students from delaying graduation. and while keeping debt collectors at bay and a tennessee lawmaker, actually, both lawmakers reinstated in the legislature. he was ousted for participating in the gun cont