The San Francisco District Attorney's Office is under fire for allegedly withholding key evidence in an excessive force case against a San Francisco Police Department officer, according to reporting by KNTV.
New testimony on Thursday from attorney Magen Hayashi revealed that she was told by her colleagues within the DA's office to keep certain evidence under wraps in the case against San Francisco police officer Terrace Stangel.
Stangel was accused in October of 2019 of beating a man with a baton, causing serious injury. The man, Dacari Spiers, was allegedly choking a woman and screaming profanities, according to the dispatch that came in reporting the incident.
Warning: Video contains graphic language.
As seen in the video, Spiers insisted he'd done nothing wrong when police arrived and a struggle ensued. After Stangel hit him with the baton, Spiers was cuffed and charged with obstructing, delaying a peace officer. Spiers suffered a broken leg and wrist.
He has since asserted that he was unjustly attacked.
He's alleged that he was "consoling his girlfriend who had realized her wallet was stolen," according to reporting by KTVU.
Stangel has since been charged with "assault with a deadly weapon, battery with serious bodily injury, and assault under color of authority," the station reported. At the time of the incident and the beginning of the subsequent criminal investigation, the department cooperated with the DA's office, according to a statement issued a year after the incident.
"While I steadfastly believe that officers should be held accountable when they violate the law, I feel just as strongly that there needs to be a balance in holding individuals accountable when they assault, physically attack, or unlawfully obstruct police officers in their duty to respond to public safety emergencies," San Francisco Police Chief Bill Scott said in the statement. "Unfortunately, the job of protecting public safety and preserving order becomes exceedingly difficult when that balance is absent. Moreover, when there is an absence of balance, our officers deserve the support of the public, each other, our command staff, and me as the Chief of Police."
Now, it appears as if the DA's case has been marred by potential evidence withholding.
Hayashi, the attorney who testified Thursday, revealed that a witness had told her that prior to Stangel using his baton, Spiers had been reportedly "beating a woman," according to KNTV. She did not disclose this information previously because she believed she'd be fired if she didn’t obey her colleagues' instructions, the station reported.
In light of the new testimony, Stangel's attorney Nicole Pifari is arguing for the charges to be dismissed.
The DA's office is guilty of "prosecutorial misconduct" and "deceptive and reprehensible methods" on Stangel's legal team argued, according to the station.
"The DA's deceit and concealment of real evidence is disturbing, it is corrupt, and it is a violation of public trust," said Pifari in a recent court filing, according to the station. "Most importantly, however, it is illegal."
A decision on the case has not yet been made.
Rachel Marshall, spokesperson for the San Francisco District Attorney's Office, told KCBS Radio that they could not comment at this time. "The judge issued a gag order for both sides in this case," she said in a voicemail message.
Nicole Pifari did not respond to KCBS Radio's request for comment at the time of publication.
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