SF D.A. to drop charges against man arrested for former fire commissioner's beating, attorney says

An attorney for a former San Francisco fire commissioner, who was beaten with a metal rod in the Marina District earlier this month, says the district attorney's office plans to drop charges against the man arrested in connection to this attack and that the beating was out of self-defense. 

Samuel Ray with Colla & Ray LLP represents Don Carmignani, the victim of the attack. In a statement on Tuesday, the law firm says they were informed by D.A. Brooke Jenkins' office that they have decided to dismiss charges against Garret Doty, the suspect who was arrested in the attack. 

Carmignani's attorney says the suspect will be released, "back onto city streets with impunity." The preliminary hearing is set for Wednesday. Carmignani's attorney released new video evidence of the attack that shows the victim being battered over the head at a gas station parking lot. 

"The DA also informed us that Don may be prosecuted for discharging pepper spray. 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 read in part. 

The attorney also claims that no one from SFPD, nor the D.A.'s office attempted to interview their client. 

KTVU has reached out the D.A.'s office for comment, but has not yet heard back. 

This is a developing news story.