Court Window Opens For Alleged Defenestrator

The 40-year-old has told police that he was only giving his 32-year-old friend a jocular slap last month -- but did so while the man in question was sitting on the ledge of a large bay window. The victim fell five stories, hitting a tree about halfway to the ground, then tumbling to the pavement below. Somewhat miraculously, he escaped with only a broken arm and dislocated shoulder. Both the victim and a female acquaintance of both men present at the scene allege Smith pushed the victim with both hands -- and this was no accident.

Smith was charged with attempted murder after the Oct. 15 incident, made the $100,000 bail, and was released on Oct. 19. 

At today's hearing, if things go according to plan, the preliminary hearing for the case will be scheduled. District Attorney spokesman Brian Buckelew said the leisurely pace allows the DA to mount a better case. "There's lots more evidence, there's 911 calls, that stuff is trickling in," he earlier told SF Weekly.

And, yes, the DA's office is referring to Smith as "Defenestrator defendant."