Homeless man accused of threats, resisting arrest acquitted by SF jury
Nov 01, 2024
SAN FRANCISCO (KRON) -- A San Francisco jury acquitted a blind, homeless man after he was accused of resisting arrest and making threats against a person who had kicked the boxes in which he was sleeping, the San Francisco Public Defender’s Office announced Thursday.
On the morning of July 12, Underwood was sleeping outside of the Presidio Theater at 2340 Chestnut Street in several boxes placed in a line. Deputy Public Defender Amy Tao said Underwood felt two distinct kicks to the boxes before getting out to confront the harasser. In court, the man admitted that he feigned “head kicks” at Underwood in the exchange, according to Tao.
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Eight San Francisco Police Department officers arrived and arrested Underwood, forcing him face down on the ground in a “pain compliance technique,” according to the defense. Tao said that police did not take Underwood’s side of the story and he told arresting officers he was not resisting and could not breathe.
A jury fully acquitted Underwood of the charges on Sept. 11.
“Mr. Underwood is just trying to sleep in a safe place, and he has been harassed several times,” said Tao. “The cardboard boxes are his only form of shelter. In this instance, when someone acted aggressively toward him, he became alarmed and used his words to defend himself.”
Underwood’s acquittal comes a year after a separate San Francisco jury acquitted him in a case in which he was accused of kicking a woman in the leg for refusing to give him a dollar. In that case, Underwood testified that he did not intend to kick the woman but got his feet tangled in her dog’s leash.