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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
SAN FRANCISCO, Calif. \u2014 A San Francisco Superior Court judge dismissed a felony charge of forcible vehicle entry during a preliminary hearing July 23 after finding prosecutors failed to present sufficient evidence that the accused ever entered or used force to damage the vehicle, highlighting a key evidentiary gap in the prosecution\u2019s case. The accused was nevertheless held to answer on one felony count of second-degree vehicle burglary and two misdemeanor counts alleging exhibiting a deadly weapon and possession of burglary tools.<\/p>\n
Deputy District Attorney Sarah Quinones called San Francisco Police Department Officer Sean Dennis to testify. Dennis, a police officer with 25 years of experience, responded to the incident after being dispatched from Park Station to Sixth Avenue and Judah Street.<\/p>\n
Officer Dennis testified that by the time he arrived, Officer Lewis and Officer Fuentes had already detained the accused, who was seated on the ground. Dennis said he observed a vehicle with \u201cthe rear passenger door open, a bicycle helmet on the ground, and a bicycle lying on the ground behind the vehicle.\u201d<\/p>\n
Dennis then recounted statements made by former SFPD Lt. John Burke, who was retired at the time of the incident and acting as a private citizen. Burke told police he had been walking his dog southbound on Hugo Street and Fifth Avenue at approximately 6:30 a.m. when a car alarm drew his attention.<\/p>\n
According to Dennis, Burke reported seeing the accused attempting to pull an electric bicycle from a black Subaru through the open rear passenger door. Burke said the vehicle\u2019s rear passenger window had been pushed down and the side door was open.<\/p>\n
Officer Dennis testified that Burke reported the accused then pulled out a pocketknife and \u201cshowed it toward him in a locked position.\u201d Dennis said Burke told officers he \u201cfeared for his safety.\u201d<\/p>\n
Dennis further testified that Burke kicked the bicycle to the ground as the accused attempted to ride away, then chased the accused on foot as the accused \u201cfled westbound.\u201d According to Dennis, Burke maintained visual contact throughout the pursuit while calling police.<\/p>\n
During cross-examination, Deputy Public Defender Daniel Meyer focused on whether the prosecution could establish the elements of the charged offenses.<\/p>\n
Meyer established that, to Dennis\u2019 knowledge, the vehicle had not been damaged. Dennis acknowledged the pushed-down window remained functional, there were no visible marks on the vehicle and no shattered glass.<\/p>\n
Meyer also challenged Dennis\u2019 earlier testimony regarding whether the accused had entered the vehicle, asking, \u201cYou said on direct that [the accused] was inside the car pulling a thing out, but [the accused] wasn\u2019t inside the vehicle, right?\u201d<\/p>\n
After reviewing his police report, Dennis corrected his testimony, stating that the accused had actually remained outside the vehicle while attempting to pull the bicycle out.<\/p>\n
Dennis also testified that Burke had approached the accused while dressed in civilian clothing, physically pushed the accused against a wall and identified himself as a retired police officer.<\/p>\n
According to Dennis, the accused responded by saying \u201c\u2018police officer’\u201d in a questioning manner before Burke repeated that he was a retired officer.<\/p>\n
When Meyer asked why that interaction had not been addressed during direct examination, Dennis replied, \u201cIt wasn\u2019t asked.\u201d<\/p>\n
Dennis further acknowledged during cross-examination that officers never recovered a knife. He confirmed Burke never reported seeing the accused discard one during the pursuit, and officers did not locate a knife when they searched the accused.<\/p>\n
After hearing the testimony, Judge Gloria Rhynes questioned whether the prosecution had established probable cause for the forcible vehicle entry charge.<\/p>\n
\u201cForcible entry requires actual entry,\u201d Judge Rhynes observed, noting that the evidence instead showed the accused remained outside the vehicle. She also pointed to the lack of any damage to the vehicle, finding that the prosecution had not established the element of force required for the charge.<\/p>\n
When Judge Rhynes invited argument on the remaining counts, Meyer contended that the misdemeanor allegation involving the knife was also subject to dispute. He argued that because Burke had approached while wearing civilian clothing and physically pushed the accused before any knife allegedly appeared, there was a \u201creal argument that the knife had been used for self-defense.\u201d<\/p>\n
Meyer also emphasized that there had been no allegation the accused stabbed or slashed anyone with the knife.<\/p>\n
Judge Rhynes ultimately dismissed the felony forcible vehicle entry count but held the accused to answer on one felony count of second-degree vehicle burglary and misdemeanor counts alleging exhibiting a deadly weapon and possession of burglary tools.<\/p>\n
The preliminary hearing was continued to July 27 at 9 a.m. in Department 11 of the San Francisco Superior Court.<\/p>\n
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