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Jami’s Ordeal Shows Public Defenders Deserve Respect

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Jami’s Ordeal Shows Public Defenders Deserve Respect

By Jeff Adachi

Special to the Daily Journal

It was the video seen ‘round the world — a public defender, tiny in stature but huge in conviction, standing up for her client while surrounded by bullies with badges.

The Jan. 27 exchange between San Francisco Public Defender Jami Tillotson and San Francisco Police Sgt. Brian Stansbury was notable for its absurdity. In a cross between a Kafka novel and Abbot and Costello’s “Who’s on First?” the sergeant tells Jami to move aside so he can photograph her client outside the courtroom.

“Two minutes,” he tells her. “Or we can make this…”

Jami smiles politely as his threat trails off. “I’m pretty sure we’re okay here. We don’t need any pictures taken, thank you,” she says.

“No, you’re not pretty sure,” Sgt. Stansbury counters. “If you continue with this, I’ll arrest you for resisting arrest.”

“Please do,” Jami says, instantly becoming the most cooperative suspect ever nabbed for resisting.

Stansbury slaps on the cuffs. Jami calmly tells him she is representing her client. Uniformed officers march her downstairs and into the police station, where she is cuffed to a wall for an hour before being released.

Her client and another man, both young and black, look helplessly in the direction the attorney was led away. Left without benefit of counsel, they are forced to submit to the photographs.

While the video garnered 1.5 million views, sparked petitions and prompted national news coverage, life went on for Jami and her colleagues. The district attorney refused to file charges, and the police chief apologized for her distress while admitting no wrongdoing. Jami documented her mistreatment with the city’s Office of Citizen Complaints. She eventually left the San Francisco public defender’s office to pursue other opportunities.

The story eventually fell dormant. That is, until this month, when Jami hit the city, the San Francisco Police Department, Stansbury, and five other officers with a federal civil rights lawsuit.

The case and its outcome will be followed closely by public defenders everywhere.

There are more than 25,000 public defenders in the United States. The clients whom they represent have little money and even less power. Perhaps this is why public defenders are routinely disrespected in the criminal justice system.

The police officers’ disregard for Jami and her client is shocking in its overtness. But disrespect of poor people and their advocates is not the exception. It is the rule.

This contempt for the indigent is the reason behind woefully inadequate budgets that hamstring public defender offices and violate the constitutional rights of millions of Americans. It is the reason that public defenders in Fresno handle up to 1,000 felony cases each year when state guidelines cap the number at 150. It is the reason that part-time public defenders in New Orleans, according to a 2009 report, were allowed an average of seven minutes to prepare cases with life-altering consequences for their clients.

This disrespect for the indigent and those who defend them was at the root of a June incident, also caught on video, in which Judge John C. Murphy of Brevard County, Fla., challenged and engaged in a physical fight with a veteran public defender, Andrew Winestock. The public defender’s crime? Refusing to waive his client’s right to a speedy trial.

It is behind the recent Mississippi fiasco in which Judge Jeff Weill permanently banned a public defender from his courtroom for her zealous representation and announced he would reassign all of her cases to private attorneys against the clients’ wishes and in violation of their 6th Amendment right to counsel. The judge held two additional public defenders from the Hinds County office in contempt when they resisted his efforts to reassign their cases as well.

It takes courage to stand up for poor people accused of crimes. Like Jami, these public defenders refused to stand down.

The right to counsel may be an inconvenience to a cop trying to crack a case or a judge trying to get through his calendar. But it is also much more. It is a shield to protect ordinary citizens from intimidation, brutality, and wrongful conviction.

It is always worth the fight. Jami Tillotson may have ended up in handcuffs for doing her job, but she walked away with her integrity as a public defender fully intact.

Jeff Adachi is the San Francisco Public Defender

SF Man Acquitted In Overcharged Theft Case (Video)

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SF Man Acquitted In Overcharged Theft Case (Video)

San Francisco, CA — A man facing nearly 10 years in state prison following an encounter with overzealous security guards at Target was released after a jury found him not guilty of attempted robbery, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated less than five hours before reaching their verdict Monday afternoon, acquitting Jake Fitch-Barclay, 35, of two counts of felony attempted robbery, along with enhancements for use of a deadly weapon and causing great bodily injury. The San Francisco resident was convicted instead of shoplifting, a misdemeanor, and sentenced to time served.

Fitch-Barclay, who had been in jail more than five months, wept with relief at the verdict, said his attorney, Deputy Public Defender Emily Dahm.

The April 16 incident occurred at the Target store on Geary Boulevard and Masonic Avenue, where Fitch-Barclay had just shoplifted several items, including the shoes he was wearing. As he walked out, three security guards ran at him from different directions, tackling him against a wall.

Security footage showed Fitch-Barclay did not fight back against the three young security guards, one of whom was a college football player. He immediately dropped all of the stolen merchandise except for the shoes, which he was wearing.

The footage showed the three guards violently dragging a passive Fitch-Barclay into the store, hoisting him into the air and then throwing him to the floor and jumping on top of him. Fitch-Barclay did not fight back, but clutched a pocket knife out of fear the men would beat him inside the store, Dahm said.

Two of the guards were injured when they tackled Fitch-Barclay—one guard nicking his hand on the knife and the other suffering a cut to his leg that required stitches.

“The video was clear. Mr. Fitch-Barclay never waves the knife or tries to stab anyone. He simply held it for protection. The guards were still manhandling him after he dropped all the merchandise, and he feared they would drag him to a back room and hurt him,” Dahm said.

Fitch-Barclay surrendered the knife when asked. During the trial, Dahm showed the jury Target’s policy manual, which mandates that loss prevention officers “use violence as a last resort.”

“This case was about three loss prevention officers that went rogue,” Dahm argued. “Mr. Fitch-Barclay is not the one who created a violent confrontation. The Target loss prevention officers violated their training and violently attacked somebody who posed no risk. And once they did that, he had a right to defend himself.”

Dahm asked jurors to convict Mr. Fitch-Barclay of the crime he actually committed: petty theft.

“The jury could see for themselves this case was overcharged. When government over-reaches, juries must step in to set things right,” Dahm said.

Adachi criticized the decision to prosecute shoplifting as a serious felony case.

“Mr. Fitch-Barclay’s life was nearly ruined over a pair of stolen shoes and a confrontation he didn’t start,” Adachi said. “Fortunately, he gets a second chance thanks to his public defender, a surveillance video, and a sensible jury.”

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Jury: Man Needed Concealed Knife For Protection

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Jury: Man Needed Concealed Knife For Protection

San Francisco, CA — A disabled man who armed himself with a kitchen knife to ward off local toughs has been cleared of criminal charges after jurors determined carrying the weapon was vital to maintaining his safety, San Francisco Public Defender Jeff Adachi announced today.

Jurors on Thursday found Timothy Williams, 47, not guilty of concealing a dirk or dagger. If convicted, Williams faced up to a year in county jail, said his attorney, Deputy Public Defender J.P. Visaya.

Williams, who has difficulty walking due to a back injury, had dropped off a prescription at a drugstore at 16th and Mission streets when he was surrounded by several young men who had been hanging out at the adjacent BART station. The men attempted to intimidate Williams, warning him not to return to the area.

Two days later, on Jan. 28, the pharmacist called Williams to pick up his prescription. Fearing being menaced again, Williams brought a friend and packed a long kitchen knife. He successfully retrieved his medication, but was spotted by the group while walking slowly from the drug store. When one of the younger men threatened Williams with a golf club, Williams pulled out his knife. In response, the group retreated.

Meanwhile, a woman who witnessed the exchange called 911. Officers responded and arrested Williams. The men who threatened him fled.

Williams took the stand during the trial, testifying that he faced a conundrum—needing his medication while fearing for his safety if he returned to the drugstore. He was unable to run from an attacker, and packed the knife so he would not be defenseless.

“The jurors found Mr. Williams to be honest and likable,” Visaya said. “They refused to convict him because they didn’t believe he should be punished for protecting himself.”

Adachi praised the work of Visaya and the 12 jurors who acquitted Williams.

“Mr. Williams needed protection, not punishment. Fortunately, he had public defender who rightly believes that the law should be a shield rather than a sword, and a jury who listened to him even when law enforcement would not,” Adachi said.

5,000+ SF Kids To Receive Backpacks, Resources at Two August Events

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5,000+ SF Kids To Receive Backpacks, Resources at Two August Events

San Francisco, CA — At a time when families are struggling to remain in the city amid record income inequality, the San Francisco Public Defender’s MAGIC programs will distribute backpacks stuffed with school supplies to a combined 5,000 kindergartners through 12th graders during two August events in the Western Addition and Bayview.

The events will be held as follows:

Saturday, Aug. 8

Western Addition Health Fair and Backpack Giveaway.

10 am. -1 p.m.

Ella Hill Hutch Community Center – 1050 McAllister St.

In addition to the backpack and school supplies giveaway, this event will also feature free health screenings and information, coordinated by AfroSolo. All attendees participate in at least five stations of the Health Fair before the children can choose a backpack.

Saturday, Aug. 15

BVHP Annual Back to School Celebration

11 a.m. to 3 p.m.

Youngblood Coleman Park, 1398 Hudson Ave.

Children and parents must attend together to receive a free backpack and school supplies. School uniforms, provided by the Buddhist Tzu Chi Foundation, will also be provided.

 

The two back-to-school events are among the largest and most comprehensive of their kind in the Bay Area, said San Francisco Public Defender Jeff Adachi.

“We want to make sure that every child, regardless of income, has the tools to succeed academically,” Adachi said. “The MAGIC back to school events have been instrumental in relieving the burden of back-to-school expenses for San Francisco families that are already struggling.”

The annual events are held by MAGIC (Mobilization for Adolescent Growth in our Communities,) an organization initiated by the Public Defender’s Office in 2004. MAGIC reduces the number of youth who enter the juvenile justice system or fall through social service gaps by efficiently coordinating opportunities, support and resources. While Mo’ MAGIC centers its efforts in the Fillmore/Western Addition neighborhoods, its sister organization, BMAGIC, focuses on Bayview-Hunters Point.

Nearly 100 community-based organizations working in the areas of health, environment, juvenile and social justice, faith-based and after-school programming will be represented at the events, along with elected officials, city agencies, local merchants, funders, grass roots activist, and organizers. Healthy food, sports, games and live entertainment will be provided.

“Every year, we see families line up well before our doors open to ensure their children are able to select a backpack, and we anticipate that demand will outpace supply again on Aug. 8,” said Sheryl Davis, executive director of Mo’MAGIC, “We look forward to working to provide our families and students with the tools they need to have a successful school year.”​

The events are also a chance for neighborhood families to connect with one another, said BMAGIC Executive Director Lyslynn Lacoste.

“The back-to-school celebration and backpack giveaway strengthens our communities while making sure every student has a quality backpack and supplies for the first day of school,” Lacoste said.

Mo’ MAGIC event’s main sponsors include and Convent & Stuart Hall, Facebook, Korean Full Gospel Church, Uber, Mayor’s Office of Neighborhood Services, Sydney Paige, Bay to Breakers and SFPD.

BMAGIC event sponsors include the San Francisco 49ers Foundation, Comcast, Golden State Warriors, Union Bank, San Francisco Federal Credit Union, Bayview Hunters Point YMCA, Sutter Health/California Pacific Medical Center, Recology, Rainbow Grocery Cooperative,San Francisco Wholesale Produce Market, Bayview HEAL Zone, San Francisco Recreation and Parks, Don’s Auto Body, O’Reilly Auto Parts, San Francisco Honda, and Transportation Workers Union of America Local 250-A.

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Man Falsely ID’ed As Nob Hill Groper Cleared

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Man Falsely ID’ed As Nob Hill Groper Cleared

San Francisco, CA — A man who police identified as the “Nob Hill Groper” has been cleared of charges after it was determined he was at work during several attacks, San Francisco Public Defender Jeff Adachi announced today.

On July 2, prosecutors dismissed the sexual assault case against 40-year-old Victor Vasquez-Cid, 40. Vasquez-Cid had been in jail since his March 11 arrest, said his attorney, Deputy Public Defender Sangeeta Sinha.

The Nob Hill area had been plagued by a series of sexual assaults for approximately six months, prompting police to issue a sketch of the suspect. In total, 17 women reported that a man grabbed their breasts, buttocks or genitals. Of the 17 victims, two identified Vasquez-Cid from a photo lineup as the attacker. A third victim narrowed down the lineup of six photographs to three possible suspects, including Vasquez-Cid. Prosecutors charged Vasquez-Cid with five felonies: sexual assault, two counts of assault with intent to commit rape, and two counts of false imprisonment. He also faced two counts of misdemeanor sexual battery. If convicted, he faced more than 13 years in prison and a lifetime as a registered sex offender, Sinha said.

While Vasquez-Cid awaited trial, Public Defender Investigator Hector Flores was able to obtain Vasquez-Cid’s electronic work records. The dishwasher was required to clock in and out of his restaurant shifts using a fingerprint.

“The records proved Mr. Vasquez was at work more than a mile away during two of the three incidents,” Sinha said. Flores also interviewed the kitchen manager, who confirmed there was no way for Vasquez to slip out unnoticed.

“Mr. Vasquez-Cid had an unimpeachable alibi,” Sinha said. “His case demonstrates the fallibility of eyewitness identification.”

Eyewitness misidentification is the greatest contributing factor to wrongful convictions, playing a role in more than 70 percent of convictions overturned through DNA testing nationwide, according to the Innocence Project.

Adachi praised the work of Flores and Sinha in clearing Vasquez-Cid’s name.

“Police were aware that Mr. Vasquez-Cid worked as a dishwasher, but they never followed up to see if he was working at the time of the crimes,” Adachi said. “Fortunately, Mr. Vasquez-Cid’s defense team gathered the evidence that police overlooked. After nearly four months in jail, Mr. Vasquez-Cid can get on with his life.”

 

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Aunt Acquitted In Niece’s Hit-And-Run Death

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Aunt Acquitted In Niece’s Hit-And-Run Death

San Francisco, CA — A woman charged with child endangerment after a hit-and-run driver fatally struck her 2-year-old niece as the family crossed against a traffic light was acquitted of all charges today, San Francisco Public Defender Jeff Adachi announced.

Jurors deliberated a day and a half before clearing Loyresha Gage, 26, of felony child endangerment resulting in death and misdemeanor child endangerment. Gage faced up to 10 years in state prison, said her attorney, Deputy Public Defender Kevin Mitchell.

Gage, a college student with no previous convictions, He tried on shipping your car to Dallas, Texas and this incident happened. sobbed as the verdict was read.

The tragic incident occurred Aug. 15, 2014. Gage was caring for her sister’s 2-year-old twins. As the three left the Metreon after seeing the Teenage Mutant Ninja Turtles movie, Gage took a long-awaited call from a friend who had been a no-show to the planned movie date. While still on the phone, Gage attempted to navigate a crosswalk on Mission Street.

After waiting for traffic to clear, Gage and her niece, Mi’yana Gregory, stepped into the crosswalk. A little less than halfway across Mission Street, Gage realized her nephew was still on the curb and panicked. As she sprinted back to pick him up, a sedan sped down Mission and fatally struck Mi’yana.

The entire incident took seconds. The grief stricken Gage was honest and cooperative with police throughout the investigation. She was arrested Aug. 19 and police never found the hit-and-run driver. He then contacted a Personal Injury Lawyer to help with your car accident claim.

Gage’s family did not want her prosecuted and attended the trial to support her, Witnesses to the accident corroborated Gage’s version of events, testifying that no cars were coming before the sedan “barreled down” on Mi’yana. One witness tried to prevent the accident, running into the street, yelling, and waving his shopping bags at the speeding car.

The prosecutor’s decision to charge Gage was extremely painful for her family, who were struggling to cope with losing Mi’yana, Mitchell said.

“Not every tragedy is a crime. Before the child could be laid to rest, Ms. Gage was taken to jail. It compounded an already horrific situation,” Mitchell said.

Adachi praised the jury’s decision.

“The decision to treat this tragic mistake like a crime only added to the pain and suffering Ms. Gage and her entire family experienced. Fortunately, her public defender worked hard to ensure her case was heard,” Adachi said.

SF Public Defenders Receive National Service Award

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SF Public Defenders Receive National Service Award

San Francisco, CA — The American Bar Association has selected the San Francisco Public Defender’s Office for its 2015 Hodson Award for Public Service.

The prestigious Hodson Award recognizes the outstanding service and extraordinary accomplishment by a government or public sector law office. It is named in honor of the distinguished public service career of the late Major General Kenneth J. Hodson, a former Judge Advocate General of the U.S. Army.

San Francisco Public Defender Jeff Adachi will receive the award at the ABA’s Annual Meeting in Chicago on July 31.

ABA Chair Gregory Brooker said the San Francisco Public Defender’s Office was selected for the award because it is a national model of holistic representation.

“San Francisco public defenders are pioneering in the use of in-house social workers and specialty courts; they advocate for treatment over incarceration; and address the root causes of juvenile crime through programs involving educational and family advocacy in addition to actively working to rid the justice system of bias,” Brooker said.

The office provides criminal defense to 23,000 people a year. In 2014, San Francisco public defenders obtained acquittals or mixed verdicts in 72 percent of their trials. It works to ensure, “justice for all,” by engaging in innovative university studies, partnerships, and community programs designed to keep youth actively engaged.

Adachi said the award was recognition for all public defenders and the people they represent.

“We are extremely proud to receive this prestigious award on behalf of the clients and families we have the honor of representing. We thank the ABA for the recognition, and for acknowledging the important role that public defenders and indigent defenders play in ensuring justice for all,” Adachi said.

 

Study: Shocking Racial Disparities in SF Courts

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Study: Shocking Racial Disparities in SF Courts

San Francisco, CA — African Americans in San Francisco are more likely to await trial behind bars than their white counterparts and face harsher punishment once convicted, according to a new study commissioned by the San Francisco Reentry Council.

Unlike previous reports on racial disparities, the study went beyond racial disparities in arrests and focused on unequal treatment in the courts as well, said San Francisco Public Defender Jeff Adachi, who co-chairs the Reentry Council.

“The report makes it clear: Racial profiling extends beyond the street and into the courthouse,” Adachi said. “It also shows that San Francisco lags behind the rest of the state in closing the equality gap in its justice system.”

The report, San Francisco Reinvestment Initiative: Racial and Ethnic Disparities Analysis for the Reentry Council, was prepared by the nonprofit W. Haywood Burns Institute. Its data shows harsher treatment of blacks during virtually every step of the criminal justice system in San Francisco. Researchers looking into treatment of Latinos were hampered by years of poor data collection by San Francisco police, which counted the vast majority of “Hispanics” as white. The result, the study’s authors noted, was a likely inflated rate of justice system involvement for whites, and an underestimation of the disparity gap between blacks and whites.

Among the findings:

  • Blacks are 7.1 times as likely as whites to be arrested, 11 times as likely to be booked into County Jail, and 10.3 times more likely to be convicted of a crime in San Francisco.
  • Despite an overall reduction in arrest rates in San Francisco, the disparity gap between black and white adults is increasing. Meanwhile, the gap is decreasing statewide.
  • Jail booking rates for blacks and Latinos in San Francisco have increased over the past three years, while booking rates for whites have decreased.

Approximately 83 percent of individuals booked into jail in San Francisco also live in the city, the study found.

“Too often, people dismiss the alarming racial disparities in the San Francisco County Jail by claiming that African Americans from other cities enter San Francisco to commit crimes,” Adachi said. “In fact, it is black San Franciscans who are being over-policed and over-incarcerated.”

The study found shocking disparities in who is allowed to await trial at home rather than jail, a program known as “pretrial release.” While black adults were more likely to meet the criteria for pretrial release, they were less likely than white adults to be granted pretrial release by judges.

African Americans are also more likely to be convicted in San Francisco than their similarly charged white counterparts. The study revealed that for every white adult arrested and convicted in 2013, 1.4 black adults were arrested and convicted. Black adults were more likely to be sentenced to prison than their white counterparts, and be put on more restrictive forms of probation.

“There is a direct correlation between being denied pretrial release and being convicted,” Adachi said. “People in jail are more likely to plead guilty just to get out, even if they’re innocent. Being allowed pretrial release means being able to hold onto your job, your housing—even your children.”

The study’s recommendations included keeping accurate ethnic and racial data and developing a system to monitor the disparities on a quarterly basis. The reports should be made publicly available and discussed regularly in meetings involving criminal justice officials, community groups and citizens, who should use the results to shape policy and practices in order to reduce the inequities.

Researchers concluded that “the prevalence of these disparities undermines any notion of ‘justice’ in our criminal justice system. Given the disparities in San Francisco outlined in this report, it is incumbent on local stakeholders to address the inequities within the criminal justice system.”

Adachi is currently working with San Francisco Supervisor Jane Kim to secure funding for a Pre-Trial Detention Relief Unit, consisting of two attorneys and two paralegals. The unit would secure alternatives to incarceration for those awaiting trial through pretrial release programs, bail reduction, and electronic monitoring.

The entire report can be seen at: http://www.sfgov2.org/Modules/ShowDocument.aspx?documentID=2692

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Justice Matters: Plea Bargains Are Ubiquitous. But Are They Un-American?

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Justice Matters: Plea Bargains Are Ubiquitous. But Are They Un-American?

By Jeff Adachi

Special to the Examiner

Imagine you’re arrested for a crime you didn’t commit. You can’t afford bail. While you panic in your jail cell, your children are at home alone and your boss wants to know why you can’t come to work.

You can plead guilty and get out today with probation. Or you can try to prove your innocence at trial — after waiting months in jail.

Which would you choose?

Welcome to the plea agreement. It can be a Faustian bargain, but it’s also a constant presence in our criminal justice system. Despite television courtroom dramas filled with on-the-stand revelations and surprise witnesses, trials are extremely uncommon.

Instead, most criminal cases live and die in the dull world of paperwork and closed-door negotiations. More than 95 percent of cases resolve through plea bargains. The accused person forfeits his or her constitutional right to trial and agrees to plead guilty. In exchange, prosecutors drop counts, or reduce charges. And the plea bargaining mill chugs along.

Plea agreements are often characterized as a necessary evil, providing a measure of efficiency and cost-savings for our clogged courts.

But it took a recent trip to Japan to remind me of a simple fact: When plea bargains dominate the criminal justice landscape, our constitutional protections shrink in importance. And that is fundamentally un-American.

Japan is halfway around the world but poles apart from the U.S. when it comes to resolving criminal cases. Plea bargaining is forbidden by Japanese law, meaning each case, from shoplifting to murder, goes to trial. It is a luxury borne of a low crime and incarceration rate. For every 100,000 people jailed in the U.S., only 701 are locked up in Japan.

But all that may be changing. Today, Japan is at a fork in the road, its national congress poised to consider legislation that would allow plea agreements.

Japan is considering two types of plea bargains. The first allows people to confess to crimes or implicate others in exchange for prosecutors dropping the charges against them. Such deals would be permitted in cases involving drugs or financial crimes, but not in crimes of violence. In the second type, a witness could make a confession in a trial in exchange for immunity from prosecution.

I traveled to Tokyo to discuss the pros and cons of the plea bargain with the Japan Federation of Bar Associations. I told the assembled criminal defense lawyers and academics that a system based on plea bargaining often coerces innocent people to plead guilty rather than face a heavy prison sentence if convicted at trial. I then had to acknowledge the reality that plea bargaining was so entwined that we would likely continue our dependence on it.

Describing our system out of its usual frame of reference made it sound preposterous. We routinely offer millions of Americans an excruciating choice: Plead guilty, or risk everything you hold dear.

Naturally, the audience had questions. Would people be forced to accept deals without ever knowing the strength or weakness of the case against them? In Japan, there is no requirement that the state provide accused people with the evidence against them. Would people falsely confess to reduce their punishment?

I had to tell them the truth: that plea bargaining absolutely contributes to false confessions and unjust convictions in the United States. According to the Innocence Project, of the 227 wrongful convictions overturned by DNA, 12 defendants pleaded guilty to crimes they didn’t commit. Virtually every time, they did so to avoid the threat of longer sentences — or in some cases, the death penalty.

The plea bargaining system is taking center stage in Japan’s criminal justice debate. In the U.S., it’s a discussion that’s long overdue. It’s time for us to break from our resigned acceptance of coerced guilty pleas and unjust convictions as a necessary evil in an overburdened system. Our constitutional rights are worthy of protection — and that includes the Sixth Amendment right to trial.

Jeff Adachi is the elected Public Defender of San Francisco. His public affairs program, Justice Matters, can be seen on SFGOV-TV or at sfjusticematters.com.

http://www.sfexaminer.com/justice-matters-plea-bargains-are-ubiquitous-but-are-they-un-american/

Charges Dismissed in Uber Assault Case

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Charges Dismissed in Uber Assault Case

San Francisco, CA — Prosecutors on Thursday dropped all charges against an Uber driver accused of assaulting a passenger and smacking the gold iPhone from his hand, San Francisco Public Defender Jeff Adachi announced today.

Daveea Whitmire, 29, was facing a misdemeanor battery charge stemming from a Nov. 24, 2013 confrontation with passenger James Alva, who had called for a 2 a.m. Uber pickup in the Castro District.

Alva told police he was suspicious of Whitmire, because the Uber driver’s Prius appeared to be a different Prius than the one Alva ordered. In subsequent media interviews, Alva also noted that Whitmire was wearing jeans and 49ers regalia and Alva’s previous drivers had dressed “more professionally.” Despite his dissatisfaction, Alva accepted the ride. As the Prius traveled up Market Street, the men began to argue about Alva’s complaints.

Minutes later, Alva called 911 and told a dispatcher that Whitmire punched him in the face. Whitmire then called 911 to report he never touched Alva. Police responded and talked to both men.

Alva told responding officers he was not struck in the face, as he told dispatch, but in the hand, forcing his brand new gold iPhone to fall to the ground and suffer scratches. Whitmire told officers that Alva was belligerent, so Whitmire pulled over and told him to get out. Alva refused to exit and called police, Whitmire stated.

Noting that Alva had no visible injuries and his stories were inconsistent, police declined to cite Whitmire, despite Alva signing a citizen’s arrest form.

Following the confrontation, Alva sought out numerous media interviews, claiming Whitmire hurled homophobic and racist slurs at him. Whitmire is black and Alva is Latino. The epithets are not mentioned in the police report and cannot be heard in the video Alva released to the press of the argument.

After Alva’s story was publicized by numerous media outlets, prosecutors filed charges against Whitmire, who maintained his innocence.

“Mr. Whitmire never assaulted his customer. He never used homophobic or racist language. This was a case of a disgruntled customer who was able to leverage the controversy around ridesharing services to smear Mr. Whitmire in the press. Unfortunately, that led to false charges being filed,” said Whitmire’s attorney, Deputy Public Defender Andrea Lindsay.

Prosecutors dismissed the charge against Whitmire Thursday, acknowledging they were unable to sustain their burden of proof.

Adachi said Whitmire’s case was not built on any real evidence.

“Mr. Whitmire deserves an apology. Since 2013, he has been living with very public and damaging allegations. Now that it’s clear there was no evidence to support these accusations, I sincerely hope Mr. Whitmire can get on with his life,” Adachi said.

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