A homeless man charged with attacking the San Francisco Mayor’s bodyguard has been released – after a judge decided it was the security detail who started the fight.
Viral video showed Daniel Lurie’s bodyguard, Joel Aguayo, grappling with Tony Phillips, 44, until both tumbled to the ground at a crosswalk in the Tenderloin district.
Phillips was initially charged with assaulting a peace officer, but Judge Sylvia Husing said that she believes the bodyguard ‘violently attacked’ him first, according to the New York Post.
It came after another video shot from above appeared to show the bodyguard shove Phillips after he got in the officer’s face, sending him flying backwards into a pile of garbage.
After Phillips stood up, several punches were exchanged, as shown in the first viral clip. As the two tussled, the mayor is seen walking briskly away.
The two eventually fell to the ground, and Phillips could be seen wrestling on top of Aguayo.
Phillips’ attorney, Ivan Rodriguez, placed full blame on Mayor Lurie for the rumble.
Video surfaced allegedly showing the San Francisco mayor’s bodyguard launching a full-on brawl against a homeless man
Tony Phillips, 44, was charged with instigating an attack on Mayor Daniel Lurie on March 5
‘The mayor lured his security detail into engaging in this senseless altercation, all for political theatrics, your honor,’ Rodriguez said, according to Mission Local.
‘I don’t think that’s leadership, I think that’s performative,’ he said.
Phillips faced multiple charges, including resisting an officer and assaulting a peace officer with the potential to cause serious injury.
The 44-year-old pleaded not guilty, and his attorney is seeking to have all charges dismissed while also questioning whether the mayor or his security team should face charges.
‘I’m doing better out of jail. I was sweating,’ Phillips said to reporters after his release on Thursday. ‘I know what’s running in my mind. My thoughts are clear, at least.’
Mayor Lurie allegedly told his security to stop near an alleyway by Cedar Street and left the SUV to confront homeless people on the sidewalk, according to a police report obtained by the San Francisco Standard.
Lurie allegedly asked them to move, to which Phillips asked: ‘On whose behalf do I need to move?’
‘I’ll Bruce Lee kick your a**,’ he said to Aguayo, according to the report.
Mayor Lurie fully backed his security, saying he was concerned for Phillips’ safety and wanted the group to move away from the area.
‘They put themselves in harm’s way every single day,’ he said, per CBS. ‘Looking out for me, looking out for my children, and looking out for my wife.
Mayor Lurie at a press conference, he fully backed his security, saying he was concerned for Phillips’ safety and wanted the group to move away from the area
Homeless people are seen on a sidewalk in San Francisco, California
‘I want you all to know that I want to look out for them like I want to look out for every member of our SFPD.’
A second man, Abraham Simon, who allegedly intervened, was also charged with resisting, delaying, and obstructing a peace officer.
Phillips was previously arrested in 2019 on suspicion of murder after a stabbing incident but faced no charges due to lack of evidence.
‘The case is proceeding. I’m going to let it play out,’ Lurie said on Wednesday.
‘I’m going to continue to focus on public safety, that’s always going to be my number one priority, and I will continue to lead in that way.’
