SAN FRANCISCO (KRON) — San Francisco District Attorney Brooke Jenkins confirmed that her office is not dropping the charges against the man accused of beating the city’s ex-fire commissioner with a metal bar. Although the suspect, 24-year-old Garrett Allen Doty, has been released from custody, he is still facing several charges that include:

  • Assault with a deadly weapon
  • Aggravated battery with serious bodily injury
  • Assault with force likely to produce great bodily injury

“We have not dismissed the charges in this case,” said Jenkins in a statement put out on Twitter.

However, Doty was released from custody, following the subject of the attack — former San Francisco Fire Commissioner Don Carmignani — failing to appear in court for a second consecutive day.

“The People moved for and were granted a continuance on Mr. Doty’s preliminary hearing because Mr. Carmignani was unavailable to testify because of his injuries,” Jenkins’ statement read. “His testimony is necessary for us to prove these charges.”

While Doty has been released from custody, he has also been served with a criminal protective order requiring him to stay at least 100 yards from Carmignani and away from the entire block where the attack took place.

On Wednesday, Doty’s public defender in the case produced video evidence suggesting it was in fact Carmignani who was the aggressor in the incident. Video of the event appeared to show Carmignani spraying Doty with bear mace before Doty retaliates with the metal pipe.

Doty’s defense also surfaced video evidence showing a man who matched Carmignani’s description involved in a series of seemingly unprovoked attacks against homeless people using bear mace.

On Tuesday, prior to the first court appearance by Doty, Carmignani’s attorneys, and Carmignani himself, indicated they believed charges in the case would be dropped. So far, they have not been.