Home Media Misunderstanding Led to Hate Crime Charges, Case Dismissed After Jury Hangs

Misunderstanding Led to Hate Crime Charges, Case Dismissed After Jury Hangs

Misunderstanding Led to Hate Crime Charges, Case Dismissed After Jury Hangs

FOR IMMEDIATE RELEASE: March 20, 2025

MEDIA CONTACT: PDR-MediaRelations@sfgov.org

**PRESS RELEASE**

Misunderstanding Led to Hate Crime Charges, Case Dismissed After Jury Hangs

SAN FRANCISCO Charges have been dismissed against Irvin Alberto Lara-Rivera after a San Francisco jury hung heavily in favor of acquitting him of two felonies that carried hate crime allegations. Deputy Public Defender Deborah Awolope defended Lara-Rivera, who denied using a racial slur against a local celebrity chef outside a bar in the Financial District on September 1, 2024. The misunderstanding led to an altercation that resulted in Lara-Rivera defending himself against a physical attack. A week after the jury hung, prosecutors dismissed the case. 

“This whole thing began with a misunderstanding, but it resulted in Mr. Lara-Rivera spending months in jail before being strongly vindicated at trial,” said Awolope. “As a Black woman, I understand the reactions it can stir when you think that someone has used a racial slur, but that is not what happened in this case.”

On the evening of Sept. 24, 2024, Lara-Rivera was walking his dog on California Street when he passed a woman who was talking loudly on her phone outside a bar. When Lara-Rivera called to his dog, she mistakenly thought he’d called her the N-word. She quickly pursued and confronted Lara-Rivera, who pushed her away. She responded by throwing her phone at Lara-Rivera’s head and charging at him as he was entering a convenience store. Inside the store, she grabbed and hit him several times, and someone else pepper-sprayed him. Lara-Rivera ended up hitting her in self-defense.

There was extensive news coverage of the incident, some of which showed video footage from inside the store. Headlines and stories reflected community outrage over what was thought to be a racially-charged hate crime. However, further investigation revealed that the initial reports of what happened outside the store were inaccurate. 

“We so often hear accusations in the news before they can be properly vetted through further investigation, which is why it’s important for us to clear the names of the people we represent when the outcomes of their cases reveal otherwise,” said Public Defender Mano Raju. “Public defenders are acutely attuned to explicit and implicit racism, and I empathize with the community distress that arose from the initial accusations in this case. This is also why it’s so important for public defenders to be able to present the fuller picture to jurors who are empowered to prevent unjust convictions, as they did here.”  

The jury hung, voting 11-1 to acquit Lara-Rivera of felony assault and 9-3 to acquit him of felony battery. The jury did not have to return a verdict on the hate crime allegations that were attached to those charges. All charges have now been dismissed. 

The defense team for Lara-Rivera included Deputy Public Defender Deborah Awolope, Investigator Zaki Shaheen, and Paralegal Madison Matthies.

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