SAN FRANCISCO (KRON) — Don Carmignani, a former San Francisco fire commissioner, attacked homeless people with bear spray in the city’s Marina neighborhood, according to attorneys who spoke in court Wednesday.

The defense attorneys spoke on behalf of a 24-year-old unsheltered man, Garret Allen Doty, who is being held in jail without bail. Doty is charged with assaulting Carmignani and accused of beating him with a metal pipe. The April 5 pipe beating was recorded on surveillance video footage obtained by NewsNation affiliate KRON.

New surveillance footage recently surfaced, however, appearing to show that 53-year-old Carmignani provoked the incident when he allegedly attacked Doty with bear spray, Doty’s defense attorneys said.

Doty’s defense team said a man matching Carmignani’s description is suspected of targeting homeless people in at least eight separate incidents since November of 2021, including some incidents in which bear spray was used as a weapon. Some of the victims were attacked while they were sleeping or inside tents, according to the defense. Before the April attack, another unsheltered person was targeted in January just a block from Carmignani’s house.

Doty was initially arrested and charged with assault with a deadly weapon, aggravated battery with serious bodily injury, and assault with force likely to produce great bodily injury for the incident.

Prosecutors gave Doty’s attorney surveillance video on Monday showing the initial interaction between Doty and Carmignani. The video shows Carmignani walking up to Doty, spraying him with bear spray, and walking away.

Carmignani previously told KRON Doty was part of a group of three aggressive unsheltered people who refused to move. The former fire commissioner said he called 911 after seeing the trio’s encampment. The homeless people stayed in front of his mother’s house throughout the day, used drugs, and were “extremely aggressive” towards people who passed by, he said.

Carmignani wrote, “Both my mother and I called 911 to report that three homeless individuals had set up an encampment at the entryway to her residence. My family has had prior interactions with these individuals, who have made repeated threats of violence to my family members. As a result, my mother did not feel safe leaving her home. Neither SFPD nor any of the city’s various homeless service providers responded to our 911 calls that morning. Throughout that day, my mother and girlfriend informed me that these individuals were still in front of her house, had been openly consuming drugs, and had exhibited extremely aggressive behavior towards passersby.”

Carmignani said when he asked the people to leave later that day, Doty took out the pipe and assaulted him “countless” times. The pipe attack is seen in the video above.

Carmignani was hospitalized with a skull fracture.

Now the former fire commissioner said he fears that the District Attorney’s Office will drop all charges against Doty, and instead paint Carmignani as the aggressor. So far, no charges have been dropped. Doty’s preliminary hearing is slated for Thursday and Carmignani will be called in to testify about what happened in the Marina.

Carmignani’s attorney sent a statement to KRON on Monday night on his behalf. The statement wrote, “Unfortunately, we have been informed by the District Attorney’s Office that they have decided to dismiss the charges against Don Carmignani’s attacker, Garret Doty, and release him back onto city streets with impunity. According to the DA, the attack on Don was ‘self defense.’ 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.”

District Attorney Brooke Jenkins said her office still considers Carmignani a “victim,” and charges are still being pursued against Doty.

Jenkins said Carmignani was supposed to be in court on Wednesday, but he failed to show up. If he’s a no-show again for Thursday’s preliminary hearing, the court will be required to release Doty from jail, she said.

Last year, a San Francisco art gallery owner was criminally charged after he sprayed an unsheltered woman with a hose for not moving away from his gallery in ritzy Jackson Square. Collier Gwin was recorded by a witness’ cellphone camera as he sprayed the woman and yelled, “Move! Move! Move!”

San Francisco city officials cannot legally force unsheltered men and women to move from public spaces, such as sidewalks. That’s because of a ruling made by a judge in favor of a lawsuit filed by homeless advocates.

Judge Donna Ryu’s ruling was made on December 23 in response to a lawsuit, Coalition on Homelessness v. City and County of San Francisco, filed in U.S. District Court for the Northern District of California.

Ryu’s order prohibits San Francisco from enforcing “sitting, lying, and sleeping laws” laws against “involuntarily homeless individuals” as long as the number of people experiencing homelessness exceeds the number of available shelter beds.

Shortly after he was attacked, Carmignani told KRON that Doty and Doty’s friends are “known criminals with a well-documented history of drug use, harassment of residents, and vandalism in the Marina. One of my attackers was seen near the scene of the attack, wearing my hat as a trophy, which fell off my head. This is unacceptable.”

Carmignani said he is a lifelong Marina District resident, and he believes the city needs to protect the safety of its residents over violent drug users.

He wrote, “I firmly believe that the city needs to promote the safety of its law-abiding citizens over those who chose to do drugs and commit violent acts in our streets. I am hopeful that this unfortunate incident will lead to policy changes to better protect the interests of San Francisco residents.”