SAN FRANCISCO (KRON) — Charges will be dropped against the man accused of striking former San Francisco Fire Commissioner Don Carmignani with a metal pipe, Carmignani told KRON4. Carmignani, 53, was struck in the Marina District on April 5, resulting in hospitalization and surgery.

Garret Allen Doty, 24, was arrested and charged with assault with a deadly weapon, aggravated battery with serious bodily injury, and assault with force likely to produce great bodily injury for the incident. Now, Carmignani says those charges will be dismissed.

A statement on behalf of Carmignani said that the San Francisco District Attorney’s Office used self-defense as its reason for dropping the charges. Carmignani used pepper spray before the attack, and the statement said Carmignani may be prosecuted.

“We strongly believe that rather than threatening Mr. Carmignani, they should focus on prosecuting the individual who has terrorized the Marina, and put Don in the hospital after brutally beating him with a metal rod,” the statement on behalf of Carmignani read in part.

Carmignani was struck in the area of Magnolia Street and Laguna Street at about 7:20 p.m. According to his father, he broke his jaw, got 50 stitches on his face and underwent surgery to remove a piece of his skull.

In a previous statement, Carmignani said several homeless individuals set up in front of his mother’s home. After he asked them to leave, a physical altercation ensued.

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As of Tuesday at 7 p.m., Doty remained in San Francisco Jail with no listed bail. He is scheduled to appear in court at 9 a.m. Wednesday.

KRON4 reached out to the District Attorney’s office to confirm the charges being dropped and we are waiting to hear back.