The saga of a San Francisco Sheriff's Department deputy who was caught on tape beating up a homeless guy in a San Francisco General waiting room ended with a conviction Tuesday, after a jury agreed that the cop was guilty of felony assault by a public officer and misdemeanor battery.
Michael Robert Lewelling was initially charged with perjury, filing a false police report, filing a false instrument and assault under the color of authority, as well as misdemeanor battery after surveillance video emerged showing him beating a man who walked with a cane in a hospital waiting room.
According to a statement from the San Francisco District Attorney's office:
On November 3, 2014, the victim, Fernando Guanill, 59 years old at the time, was waiting to be seen the emergency department of San Francisco General Hospital (SFGH). Guanill also had an appointment with his orthopedic surgeon later that morning at SFGH in order to schedule a much needed knee surgery. A nurse asked Lewelling to remove Guanill from the waiting room because Guanill was verbally abusive earlier. Guanill, who is chronically homeless and uses a cane, was sleeping in the waiting room when Lewelling approached him. After a verbal interaction, Guanill got up and was leaving the waiting room when Lewelling pulled him down to the waiting room chair, with excessive force, and then proceeded to assault Guanill, eventually arresting him.
After the incident, Lewelling filed a report that was presented to the District Attorney’s Office. The reviewing attorney requested the waiting room video prior to deciding whether to proceed with charges against Guanill. When the video was reviewed it was discovered that the report did not match the actions on the video.
The Chron quotes Assistant District Attorney Nancy Tung as saying that “Mr. Guanill gets one step before he’s thrown back down in that chair — one step is all you get at San Francisco General Hospital...The force is not reasonable."
“Deputy Lewelling is a bully. He was picking on Mr. Guanill.”
Though his lawyer argued that "the charging of this case in this manner is a product of the current climate... that's political, that has to do with police officers trying to do their jobs," the San Francisco District Attorney's office moved forward with the case, and on Tuesday, he was convicted of "assault by a peace officer in violation of Penal Code section 149, a felony. He was also convicted of misdemeanor assault in violation of Penal Code section 240," the DA's office says.
Lewelling was found not guilty by the same jury in two other charges: one, relating to allegations that he filed a false report and the second of assault with force likely to produce great bodily injury, the DA's office says.
Sheriff's Department attorney Mark Nicco tells Bay City News that Lewelling was on paid administrative leave for a number of months following his arrest last December, but that "he is now on unpaid administrative leave."
"Lewelling was out of custody during the trial and is still an employee of the sheriff’s department," BCN reports, and "is subject to discipline by the department once the court judgment is imposed and after the finalization of the department’s internal affairs investigation."
In a statement sent Tuesday night, Nicco says that "The San Francisco Sheriff’s Department respects the court and jury trial process."
"Any departmental administrative action that has been postponed in this matter, pending the completion of the criminal court process, will commence promptly."
Lewelling will be sentenced on October 7, 2015. He faces up to three years in prison.
Previously: Surveillance Video Shows Sheriff's Deputy Beating Man At SF General
Attorney For Sheriff's Deputy Involved In SF General Brutality Case Calls Charges 'Political'