A San Francisco judge has ordered the release of a homeless man accused of attacking a security officer assigned to Mayor Daniel Lurie after reviewing viral video footage of the confrontation, as reported by The New York Post.
Judge Sylvia Husing ruled that Tony Phillips, a 44-year-old homeless man, had been “violently attacked” by the mayor’s police bodyguard after examining surveillance video and other evidence presented in court.
The incident occurred near Cedar Street, an alley in the Tenderloin district of San Francisco.
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The confrontation involved Joel Aguayo, a police officer serving as part of Mayor Lurie’s security detail. According to the video, Aguayo shoved Phillips into a pile of trash while the mayor stood nearby.
The altercation quickly escalated into a physical struggle.
Phillips had initially been charged in connection with the incident after Aguayo suffered injuries during the scuffle.
Court records show the officer sustained cuts to the back of his head, bruising to his face, and a back injury after Phillips bodyslammed him during the confrontation.
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After reviewing the footage, however, Judge Husing concluded that the situation appeared to begin when Aguayo initiated physical contact.
Phillips’ attorney, Ivan Rodriguez, argued in court that the encounter was the result of the mayor’s actions during the visit to the area.
“The mayor lured his security detail into engaging in this senseless altercation, all for political theatrics, your honor,” Rodriguez said in the courtroom, according to Mission Local.
Rodriguez also criticized the mayor’s conduct during the incident.
“I don’t think that’s leadership — I think that’s performative,” he said.
A police report obtained by the San Francisco Standard states that Mayor Lurie directed his security team to stop their vehicle near Cedar Street.
The report said Lurie then “hopped out” of the SUV and approached several homeless individuals sitting on the sidewalk.
According to the report, the mayor asked the group to move from the area. Phillips questioned the request.
“On whose behalf do I need to move?” Phillips asked before the situation became increasingly tense.
During the exchange, Phillips allegedly threatened Aguayo.
“I’ll Bruce Lee kick your ass,” he told Aguayo, according to the report.
Video of the incident shows Aguayo pushing Phillips before the two began wrestling. The struggle ended when Phillips slammed Aguayo to the ground.
The footage also shows Mayor Lurie standing nearby with his hands in his pockets as the confrontation unfolded.
After the scuffle, Lurie walked away from the immediate scene to notify another member of his security team that Aguayo required assistance.
@abuallah1 Welcome to the tenderloin The mayor of San Francisco getting attacked #foryourpage #tenderloin #fypシ゚viral #tik_tok #sanfrancisco ♬ I’m the Mayor – Mayor
Phillips had previously been ordered to stay away from the area, but Judge Husing noted that the terms of the stay-away order were unclear and described it as vague during the hearing.
Court records also show Phillips had previously been arrested in 2019 on suspicion of murder following a stabbing incident. Prosecutors did not file charges in that case due to a lack of evidence.
Following the court hearing, Mayor Lurie addressed the situation during a San Francisco police ceremony on Wednesday.
“The case is proceeding. I’m going to let it play out,” Lurie said.
He also reiterated his focus on safety issues in the city.
“I’m going to continue to focus on public safety—that’s always going to be my number one priority, and I will continue to lead in that way.”
Earlier, Lurie appeared to reference the confrontation in a video posted on Instagram, where he spoke about his approach to addressing issues in the city.
“I’m walking the streets of San Francisco every day because I believe you can’t solve what you can’t see,” he said.
“I will continue talking to our families, small business owners, and residents and staying laser focused on public safety and transforming our approach to homelessness and the behavioral health crisis.”
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