Charges may be dropped in brutal attack on former San Francisco Fire Commissioner in Marina District

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Charges may be dropped in brutal attack on former San Francisco Fire Commissioner in Marina District
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Prosecutors have alerted former San Francisco Fire Commissioner Don Carmignani they will be moving to dismiss charges in a beating he suffered outside his mother's home in the city's Marina District earlier this month.

SAN FRANCISCO – Prosecutors have alerted former San Francisco Fire Commissioner Don Carmignani they will be moving to dismiss charges earlier this month, according to his attorney.

In his first public statements since the attack, Carmignani said the District Attorney's Office alerted his lawyer that they will be moving to dismiss the case based on new evidence that they have received - video of a person prosecutors claim is Carmignani using bear spray against homeless people in another incident.

"I didn't go out there to fight anymore, I'm trying to get them down the road, go to the park," said Carmignani."It's three-on-one. I know odds. I'm 52 years old. I have two hip replacements. I'm an old guy, I could have been a dead guy." The DA's office did not respond to inquiries about whether charges would be dropped. The preliminary hearing for Doty is scheduled for Wednesday morning at 9 a.m. at the Hall of Justice.

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