Man charged in fight with Lurie's security team ordered released from custody

Lurie attack suspect ordered released from jail

The man charged with attacking a member of San Francisco Mayor Daniel Lurie's security detail on Thursday has been ordered released from jail after entering a not guilty plea in court on Wednesday. The judge in the case, after reviewing footage of the incident, agreed with the defendant's attorney that Lurie's security detail initiated the physical confrontation.

SAN FRANCISCO - The man caught on camera fighting with San Francisco Mayor Daniel Lurie’s security detail was ordered to be released from custody on Wednesday.

The defendant, 44-year-old Tony Phillips, was charged with assaulting an officer. He pleaded not guilty on Wednesday, and the judge in the case ordered he be released on his own recognizance.

The charges stem from an incident which took place on March 5 in the Tenderloin District, when Lurie’s car was reportedly blocked while driving near the intersection of Cedar and Polk Streets.

Security cameras captured the resulting altercation, in which a member of Lurie’s security detail appears to shove Phillips to the ground, followed by Phillips taking the officer to the ground headfirst.

What they're saying:

Phillips’ attorney, Ivan Rodriguez, argued that his client was not the aggressor, and after reviewing the footage, visiting Superior Court Judge Sylvia Husing agreed.

"I think this is the first step to justice. In this case, the judge said it herself: Mr. Phillips was attacked," Rodriguez said. "The second thing I asked for was for (the District Attorney) to look into this case and look very closely to determine whether justice actually means continuing this prosecution against Mr. Phillips."

The backstory:

Rodriguez argued that "the Mayor lured his security detail to engage all for political theatrics," and that the Mayor himself, after his vehicle came to a stop, exited the car and told Phillips and 33-year-old Abraham Simon, who was also arrested, to "move along."

Phillips argued with Lurie’s security detail, at which point, Rodriguez argued, the as-yet-unidentified officer initiated physical contact by shoving his client to the ground.

Prosecution paperwork details the incident, saying Phillips was argumentative, that the officer, after identifying himself as law enforcement, stepped between Phillips and Lurie.

At that point, the prosecution alleges, Phillips got aggressively close to the officer — less than 10 inches away — and reportedly said, "Bruce Lee I’ll kick your ass." The officer then shoved Phillips with both hands to defend himself and to create distance.

Lurie can be seen on camera walking away from the altercation shortly after it became physical. He later said he couldn’t discuss the incident but said the reason he stopped in the first place was out of concern.

The other side:

"I went to see what was going on and ask if they needed help, but also asked them to get off (the street) because I was worried about their safety, and I was worried about the safety of the people around them," Lurie said.

Prosecutors in the case also argued that Phillips be detained because they say that over the past year he has repeatedly been ordered to appear in court and has failed to do so, unless brought in by law enforcement.

Rodriguez said he will work to defend Phillips on pending misdemeanors, and will work to get his client into stable housing.

What's next:

Phillips is scheduled to appear in court on Thursday, on several misdemeanor charges associated with orders to stay away from the intersection where he was found, as well as drug paraphernalia charges.

"If Mr. Phillips does not show up — and we’ll be dealing with that once that happens — tomorrow, but I have faith that Mr. Phillips is going to be showing up tomorrow," Rodriguez said.

His next court date stemming from the fight with Lurie’s security team is April 15.