The Sheriff's deputy whose unprovoked attack of a homeless man sleeping in an SF General waiting room was caught on video was sentenced yesterday in what the victim's lawyer characterizes as a slap on the wrist. Despite the video, and his conviction of felony assault by a public officer and misdemeanor battery, the deputy will serve no jail time. Instead, the man who beat an older person on camera, then lied about it, was sentenced to three years probation and 100 hours of community service.
The once-Sheriff's deputy and now convicted felon, Michael Robert Lewelling, both choked and punched the 59-year-old victim, before arresting him and sending him to County jail where he remained for three days, reports the Examiner.
The victim, Fernando Guanill, was visiting the hospital to schedule a knee replacement surgery, notes CBS 5.
San Francisco Assistant District Attorney Nancy Tung, told ABC 7 that in her eyes Lewelling got off easy.
"We believe it was something that warranted jail time, so disappointed, I suppose, is one way that you could describe it."
Guanill's lawyer, Randolph Daar, agreed.
"A long one-year county jail sentence or state prison," Daar suggested. "He got nothing."
At the time of his arrest Lewelling had been on the force for five years, and specifically on hospital-patrol duty since December of 2013. As a convicted felon, the 34-year-old can no longer serve as a law enforcement officer, but Guanill told ABC 7 that this was not enough.
"It just makes me think there is no justice, when the judges do something like that."
Previously: Surveillance Video Shows Sheriff's Deputy Beating Man At SF General
'Bully' SF Sheriff's Deputy Faces Three Years In Prison For Beating Of Homeless Man