San Francisco News Blog

Several online commenters purporting to be Fennedy's family members left laments at the bottom of our original article ("...he is a Son a brother my lil cousin, he was warmth, a smile, and someones best friend. He was a still full of life he was so many things but most of all he is lost and I will miss him. it is sad that Halloween will never be the same! He was on his way to see his mother that night and now she will never see her son. may this crime not go unsolved.").

So, when it came to light several days later that the dead man was not Malik Fennedy but Malik Sohan, it created an uncomfortable situation. Were the grief-stricken relatives writing tributes to a man who was still laughing and joking as he walked around the city? Did Fennedy actually make it to his mother's house? And how did the Medical Examiner's misidentification occur? Stephen Gelman, the administrator for the Medical Examiner, got back to us today and answered many of our questions.

Malik Fennedy is not dead. But, then again, Malik Fennedy wasn't really alive, either.
 

Tregg Smith, 40, has told police that he didn't mean to push his 32-year-old pal out a large bay window at least 50 feet off the ground at 776 Bush Street. His official explanation is that the victim was sitting precariously on the ledge when Smith gave him a jocular push -- and sent the man tumbling to the pavement below.

The victim tells a different story, claiming he was pushed with two hands in a move that was "definitely intentional." A witness to the incident -- a female acquaintance of the two men, according to the DA -- also says this was no accident.

Tim. We saw that you got busted for pot, and obviously we find it appalling. Will this end your promising young career?Or will your sinewy, 261 strikeout-throwing arm have to atrophy in the dugout for some unspecified amount of time? Hard to say. But if you are out of a job, we'd like to be the first to extend you an offer for a backup career.

The utterly perfect photo for this article

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Please become our new SF Weekly pot critic!

Westword, our sister paper in Denver recently put out a call for the nation's first official pot critic, and the idea caught on so brilliantly that we were thinking of hiring one of our own. Although we're not even sure if you're literate, we feel you would be perfect for this job.

We'll even offer you this free legal advice: Just tell everyone you were only holding the pot for Michael Phelps. Works every time.

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Well, there's the law and there's the law. A recent police report described officers from Taraval Station stopping a driver for an alleged road rage incident, then citing him for possessing an air pistol. A sergeant familiar with the case told SF Weekly that the citation was not due to the man brandishing the pistol or employing it during his aggressive driving -- but merely for possessing a BB gun, which the police still consider illegal within city limits (you are allowed to possess a real gun, by the way). 

The wheels of justice move slowly, it would seem. Unless you're toting a BB gun.

Now SF Weekly has suffered a loss of its own, albeit a less theatrical one. Earlier this week the gentleman captured in the grainy surveillance footage on the right sauntered into our offices and brazenly stole a wallet out of a woman's purse. On that same day, he also entered two nearby offices in the China Basin Building and allegedly stole wallets from U.C. San Francisco employees. And, a few days earlier, U.C. Police report a man matching his eclectic description filched wallets from the nearby Gladstone Institute and  UCSF Community Center.

Since, as you can see, the security cameras don't exactly detail where he's got his birthmarks, it's fortunate that the alleged serial thief has a memorable appearance:

In the wee hours of Oct. 15, police arrested 40-year-old Tregg Smith and charged him with tossing his 32-year-old friend out the window at the Burke-Lewis Apartments on 776 Bush Street, an SRO hotel where Smith is a resident. While police initially told SF Weekly that the victim sailed clear to the pavement below, they subsequently reported he struck a tree about midway to the ground, and then tumbled down. Either way, the victim's injuries of a broken arm and dislocated shoulder are astoundingly minor for someone who fell more than 50 feet.

Smith pleaded not guilty to the charges; Assistant District Attorney Mike Torncoso asked for bail to be set at $400,000, but Judge Curtis Karnow set it at $100,000. Smith made bail on Oct. 19 and is currently living in the community; terms of his release forbid him from approaching his erstwhile pal or imbibing alcohol.

Herron, 21, who has a history of mental illness, will be released by the San Francisco Sheriff's department to officials in either Sacramento or Union City -- "both of which have criminal holds placed on the defendant for open criminal matters," according to San Francisco's District Attorney's office.

Earlier today we noted that even legal scholars were shocked that Herron beat the criminal trespassing charge -- until they noted that the fine print of the law requires not just wandering onto someone else's property, but doing so with the intent of residing there. "Holy mackerel," USF law professor Bob Talbot told SF Weekly. "You can go into a bear place, spend the night, and not violate any laws."

Yesterday, Judge Wallace Douglass ruled that Kenneth Herron's much-publicized foray into the bear enclosure did not constitute trespassing, as the 21-year-old homeless man "did not intend to make the bear enclosure his place of residency, nor did his actions convey any indication that he would." Like most folks, Talbot assumed that vaulting multiple fences and bridging wide moats to enter a zoo habitat would naturally be labeled as trespassing -- and, unlike most folks, Talbot is a legal expert and University of San Francisco law professor focusing on criminal law.

A witness watched an enterprising miscreant in the 700 block of Naples eye a box behind a locked gate. The alleged thief then grabbed a nearby tree branch and board, crafted a "teeter-totter" and used it to catapult the box over the gate and into his evil genius arms.

The master criminal's method of thievery was more well thought out than his escape, however.

The nightmare fare was picked up at Polk and Vallejo well past the bewitching hour and driven to his residence on the 100 block of Font. But at that point, he allegedly decided paying taxi drivers was not high on his priority list. The irate cabbie began driving his car toward Taraval Police Station, and the fare was not pleased.

At around 19th Avenue and Vicente, he attempted to strangle the cabbie. The driver called police, leading the panicked drunk to flee into nearby Larsen Park -- after hurriedly tossing a 10-spot on the seat.

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The man shot dead close to Griffith Street and Navy Road in Bayview last night was Malik Fennedy, a 22-year-old San Franciscan.

Fennedy is the city's 40th homicide victim of the year, and the first since Excelsior resident Eric Buschman was stabbed to death in front of his home on Oct. 12 in what appears to be a random attack, allegedly undertaken by a mentally ill man.

NOTE: The medical examiner's office earlier reported to us that the deceased man was named Malik Fennedy. That was incorrect. We are checking to see who Fennedy is.

"I am gratified that Judge Busch clearly recognized the significant threat to public safety Pink Diamonds posed," Herrera said in a statement. The judge also imposed fines of at least $690,000 on the club's owners.

The strip club at 220 Jones Street has been linked to numerous shootings in the Tenderloin, including a June incident when a patron was killed on the sidewalk outside the venue. According to the complaint filed with the court by Herrera's office, Pink Diamonds has also been the site of illicit drug deals, prostitution, and extended-hours permit violations. The city attorney's office says it has required more than 230 service calls by police in the past six months alone.

Right: "I was just really broken up at how little I donated to the Police Athletic League this year. I want to give;"

Right: "I thought I was over the 2002 World Series, but I was wrong."

Wrong: "I only drank some beers and shots;"

Yes, that's what the man said. If ever stopped by the police, it's generally a poor idea, for any reason, to essentially quote a George Thorogood song (yes we know "One Bourbon, One Scotch, One Beer," was written by John Lee Hooker -- but once Thorogood got his hands on it -- that sealed it).   

Are changes coming to SF nightlife?

​Following a three-hour hearing that featured extensive public comment from both supporters and opponents of the legislation, the three-member committee unanimously approved the new law, which would grant the Entertainment Commission added powers to crack down on problematic nightclubs as well as establish stricter oversight measures for how the commission operates.

In a separate vote, Supervisor Chris Daly voted against an amendment in the ordinance drafted by board president David Chiu. The measure would establish limits on how many late-night event permits could be granted by the commission in a given year. Chiu and committee chairman Bevan Dufty voted for the measure, giving it the needed votes to pass on to the full board.

Captain Gary Jimenez

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Jimenez announced the move via a terse paragraph in his latest community newsletter. He said he will be taking on a new job as a "night supervising captain" in the operations bureau. He offered no explanation for the move, although it is common knowledge that the newly arrived Gascon is in the middle of a shakeup of the SFPD brass.

As captain of the Tenderloin station, Jimenez was well-liked by residents of the beleaguered district and developed a reputation for candor with neighborhood leaders and the press. But he was unable to staunch the rampant drug dealing and violence that consumes the Tenderloin. One of Gascon's first publicity stunts during his tenure as SFPD chief was to conduct a high-profile sweep of Jimenez's district that netted hundreds of low-level drug arrests.

You may get a tap on your shoulder if you attempt this in the future...

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While this operation was inspired by a cavalcade of reports of theft and violence on Muni -- most notably the apparently random stabbing of 11-year-old Hatim Mansori on the 49. "Operation Safe Muni" quickly grew beyond the blueprint drawn up by Lieutenant Jason Cherniss. Instead of just undercover cops, uniformed officers have starting riding the aforementioned bus lines. And instead of a one-off or occasional enforcement, the cops will saturate Muni at least once a week.

And yet, in the first month and change of the program's existence, miscreants did not rob old ladies, wave around firearms, or engage in wild battle royale brawls in the presence of Operation Safe Muni's officers. The operating premise of the program is that those with the intent of committing crimes on Muni seldom bother to pay the fare. So officers spot fare-jumpers, give them a little time to do worse, and then bust the miscreant for fare evasion. And, mostly, that's what officers have been doing -- busting fare evaders, with some graffiti artists thrown in for good measure.

So Cherniss was delighted when, last week, Operation Safe Muni netted its first felon.

Intimidating.

​John Brown is the only one of the seven men who has been formally charged since the arrests took place on Oct. 6. DA office spokesman Brian Buckelew said that prosecutors will soon decide whether to press charges against the other men, who have all been released. Brown remains in custody, according to his attorney, Deputy Public Defender Michael Fox.

Brown and six others stood up in court when a witness in a murder trial was asked to identify the alleged shooter, defendant Charles Heard, who has been accused of killing a man over a medallion depicting The Flintstones character Bamm-Bamm. Assistant DA Michael Swart immediately called the move "out-and-out intimidation of a witness" and ordered them arrested. Eric Safire, Heard's defense attorney, said he had asked the men to stand to ensure a more fair identification process for his client, who was seated at the defense table in jail-issue orange clothes.

A white 2006 PT Cruiser like the one driven by Antonio Dalbello

​At 1:42 a.m. the officer -- whose name has not yet been released -- pulled over a man named Antonio Dalbello after the latter was observed weaving in his white PT Cruiser while driving southbound on Ashbury just south of Haight. When the officer claimed to smell alcohol on the San Francisco resident's breath and initiated a DUI investigation, things went badly.

The SFPD claims Dalbello reached for the ignition and the officer reached into the car to prevent him from doing so. A struggle ensued and the officer soon found himself hanging halfway out the driver's side window, careening down the street at speeds estimated between 40 and 45 mph. Dalbello's car struck several parked cars on the right side of the road  while the officer was dangling out the left side; after around two blocks the officer freed himself and fell to the pavement.

Anna McCarthy

Did you hang around the 'Loin in 1984? Does this face ring a bell?

​On April 10, 1984, San Francisco police found 9-year-old Mei Leung's dead body in the basement area of the residential hotel at 765 O'Farrell Street where she lived with her family. Her 8-year-old brother was the last one to see her alive -- they had walked home from a friend's house together just before the slaying.

Police never found her killer. Now, two-and-a-half decades later, the SFPD say they have new DNA evidence proving that notorious serial killer Richard Ramirez, better known as the "Night Stalker" for his characteristic method of sneaking into his victims' houses after dark, may be responsible for her death. The SFPD declined to go into much detail because the case, they said, is still under investigation.

Los Angeles area police caught Ramirez in 1985, and, in 1989, he was convicted of 13 murders and sentenced to death. He is now on death row at San Quentin. At a press conference today, police announced that yesterday inspectors paid Ramirez a visit to obtain current DNA samples from him to confirm his connection with Leung's murder. Matt Gabriel of the department's Crime Scene Investigations unit said that the DNA lab has been working on the case for the past five years. "We have probably 100 unsolved homicide cases that we have tested over the years," said Gabriel. "... we're constantly working on these cases."

A police mugshot of Richard Ramirez

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Ramirez, who was found guilty of 13 murders -- he was also suspected of at least two other murders in San Francisco -- five attempted murders, 11 sexual assaults, and 14 burglaries, was sentenced to death in in 1989. He is currently incarcerated at San Quentin.

Can the SFPD saved by the miracle of computers?

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Gascon intends to bring Godown onto his command staff to run CompStat, a part-management plan, part data-keeping system that will purportedly help the SFPD spot crime trends. Once a month, the 10 district station captains will report to Gascon and Godown and be held accountable for recognizing and understanding fluctuations in crimes reported, arrests, and instances of officers using force.

Compstat, while widely viewed as an effective law enforcement tool, has also been criticized for incentivizing the underreporting of crime. Police union members in both New York City and in Miami have been vocal about this, and Gascon and Godown are aware of the problem.

"Don't try to BS me," Gascon told the captains straight away.

SFGate readers can be forgiven for feeling this photo is eerily familiar... ​

​In this space we sometimes criticize the Chronicle and sometimes praise the Chronicle. This article does neither of these things. This time, we're simply a bit rattled.

Here's the deal: In the interrim between  walking away from SFGate on our home computer, nearly burning down the kitchen with a breakfast mishap, and returning to the computer, the photo of an attractive young couple gracing a Chron light feature on hookah bars had suddenly jumped to a breaking homicide story in which the man in the photo was accused of killing the woman and then setting their home ablaze.

At first glance, one would think this was some manner of editing error; the wrong photo being placed next to a breaking news story. But, no: The photo SFGate was already running on its home page just happened to be of the two people in all the world featured in a breaking homicide story.

Not over yet

​This just in: Discussion of a proposed overhaul of laws regulating city nightclubs due to take place at a Monday Board of Supervisors' meeting has been postponed.

The suggested revisions to the police code were originally scheduled to be taken up at Monday's meeting of the City Operations and Neighborhood Services committee, but were ultimately left off the agenda at the direction of committee chairman Bevan Dufty, according to committee clerk Victor Young. No word yet on why.

The legislation concerns the Entertainment Commission, a board of political appointees tasked with regulating city nightclubs. The commission has come under heavy fire recently for not cracking down on violent clubs; the legislation being debated would both give it stronger enforcement powers and subject it to stricter oversight.

​The San Francisco Police Department is on the lookout for a silver Acura that barreled through a Parking Control Officer's three-wheeled vehicle at around 3:15 this morning and sent the little car -- and the officer within it -- flying.

The collision took place at the intersection of Mission and Third, with the impact occurring northbound on Third; the driver did not stop -- or, apparently, even slow down. The parking control officer received "non life-threatening injuries" according to the SFPD and was treated at General Hospital. The "Cushman Vehicle" he was driving incurred "major" damage.

​A San Francisco man allegedly pushed out of a fifth-story window in the wee hours who plummeted to the pavement below escaped with only a dislocated right shoulder and fractured right arm -- a turn of events the San Francisco Police Department has described as "amazing."

The incident took place at roughly 2 a.m. Thursday morning, when an altercation, possibly fueled by alcohol, broke out at 776 Bush Street, the Burke-Lewis Apartments. Police say 40-year-old Tregg Smith, a building resident, pushed the unidentified 32-year-old victim with both hands, sending the resident of the 600 block of Bush tumbling out a fifth-story window and down to the street below.

The defenestrated victim was transported to San Francisco General Hospital where he was treated for his injuries. Smith was booked by police for charges of attempted homicide.

It wasn't this suit...

​Sacramento Mayor Kevin Johnson -- whose garment bag was snatched and, improbably, recovered recently in San Francisco -- received San Francisco's sincerest apologies from Mayor Gavin Newsom's office. Newsom's "friends" (that's what it said on the press release) hand-delivered the filched bag to Johnson's Sacramento office this morning. The garment bag -- which Johnson contained a special suit Johnson calls his "Rose Garden Suit" because he wore it when he met Bill Clinton at the White House a decade ago -- was swiped on Saturday when the former Cal and NBA basketball star was helping an elderly man get into a taxi near Union Square. On Tuesday, Johnson received a call from Newsom's office that a young man and his girlfriend had found the bag in the Tenderloin and turned it in.

As an added bonus, Newsom also sent along a goody basket containing San Francisco-themed items to woo the Sac-Town mayor right back into our thieving arms. Items in the basket donated by local businesses included: 49ers tickets, a six-pack of Anchor Steam beer, tickets to Beach Blanket Babylon, sourdough bread, a two-night stay at the Fairmont Hotel, Ghirardelli chocolate, a necktie from Wilkes Bashford, tickets to the wax museum, and a dinner cruise aboard the Hornblower Yacht. Wow -- when can we get our stuff stolen, too?

Please don't assault my rider.

​Bicyclists and motorists frequently display a this-road's-not-big-enough-for-the-both-of-us attitude, and it's usually all bluster. But on Monday afternoon, an altercation between a bicyclist and a motorist ended with cracked skull and a felony assault charge.

The dispute began as a 42-year-old bicyclist (wearing no helmet) pedaled up Lake Merced Boulevard and reprimanded a 36-year-old driver for not sharing the road, according to Officer Hermann Chu of the Taraval Police Station. Insults were exchanged as the two men headed north, side-by-side, through a green light at Winston Drive. That's when a witness saw the car driver reach through his window and push the bicyclist, who fell hard on the asphalt and lost consciousness.

'What a world, what a world'

​Truth be told, there are more effective ways of vandalizing a car -- via a can of spray paint or a chisel to name a couple. But employing man's best friend as a means of inflicting damage upon a vehicle -- now that earns some style points.

On Sunday evening, a pair of San Francisco police officers headed to the intersection of Kelloch and Velasco to investigate allegations of automobile vandalism. Instead they got a shaggy dog story of sorts.

​Update: Looks like KJ made the right call -- a pair of "Good Samaritans" found and returned his garment bag and everything that was within it.

Earlier today we reported that Sacramento Mayor Kevin Johnson, who claims he was robbed over the weekend near Union Square, had declined to file a police report, even when the San Francisco Police Department phoned him directly and asked him if he wished to do so.

We wondered what was up -- and Johnson's spokesman, Joaquin McPeek said he didn't know either.

This morning, McPeek got back to us with an answer. Well, sort of.

"Mayor Johnson said he wanted to go to Mayor Newsom directly on this one," said the spokesman. "He thought he'd give him a call. It's somewhat tongue-in-cheek."