The 44-year-old man charged with crimes after fighting with Mayor Daniel Lurie’s security detail March 5 spoke with reporters Thursday morning alongside his lawyer at San Francisco Superior Court.
“I’m doing better out of jail. I was sweating,” said Tony Phillips, who was arrested soon after the incident was caught on tape. “I know what’s running in my mind. My thoughts are clear, at least.”
Phillips pleaded not guilty Wednesday and was released from custody early Thursday morning after a judge reviewed video footage and said it appeared that Phillips was the victim in the case.
Phillips — who was back in court Thursday for an unrelated case — said he had no idea that the man who asked him to move away from the street where he lives in a tent was the mayor.
Phillips and his attorney Ivan Rodriguez in San Francisco Superior Court on Thursday. | Source: Jonah Owen Lamb/The Standard
“It’s essentially a situation where Mr. Phillips is being told by law enforcement that he cannot be at his home,” said his court-appointed attorney, Ivan Rodriguez.
According to a police report, Lurie and his security detail were driving on Larkin Street around 5:30 p.m. when the mayor got out of the vehicle and asked a group of men to move out of the street.
Phillips asked by what authority he was being asked to move. Plainclothes officer Joel Aguayo said he was a cop and that uniformed officers might be called if the men did not move.
Phillips then approached the officer and said that he was gonna “Bruce Lee kick your ass,” according to video of the incident. The officer shoved Phillips. Lurie ran to his vehicle to alert another officer as Phillips and Aguayo grappled then fell to the ground. Aguayo and the other officer were injured in the ensuing scuffle.
The incident, which has raised questions about the mayor’s dealings with the public, has not altered his hands-on approach to governing. Lurie has said he wanted the group of men to move for the safety of themselves and others.
Phillips was charged with felony resisting an officer, assaulting a peace officer with force likely to cause great bodily injury, and one count of violating a court stay-away order. Abraham Simon, who attempted to stop a second officer from helping Aguayo, was charged with resisting, delaying, and obstructing a peace officer.
Rodriguez contends that his client was attacked and that the charges should never have been filed. “We’re gonna get justice. We are asking for it to be swift,” the lawyer said. “Mr. Phillips is the victim in this situation.”
San Francisco police officers detain Phillips and his co-defendant Abraham Simon after an altercation with members of the mayor’s security team on March 5. | Source: Courtesy: Nevin Kelly-Fair
According to Rodriguez, Phillips’ release came after Superior Court Judge Sylvia Husing (opens in new tab) viewed video of the incident and said he appeared to be the victim.
“She said that from seeing the video it was quite obvious that it was Mr. Phillips who was the person violently attacked,” said Rodriguez. “Mr. Phillips is not guilty of these charges.”
After his release from jail, Phillips was given a shelter bed, the attorney said.
A hearing in the case is set for April 15.
Meanwhile, Lurie has said he will continue to approach homeless people and others in the streets, arguing that it is a key part of his role.
Mayor Daniel Lurie says that he will continue to approach people in the street. | Source: Manuel Orbegozo for The Standard
“We all need to be out and about and seeing what our small-business owners are going through and what our families and our children are going through,” Lurie told the San Francisco Chronicle on Wednesday (opens in new tab). “Our elders have to walk down those streets, too.
“It is my job to lean in,” he added. “If I’m not doing it, how can I expect my department heads and [SFPD] and sheriff and park rangers to interact with people that are of concern?”