FOR IMMEDIATE RELEASE: Oct. 31, 2024
MEDIA CONTACT: PDR-MediaRelations@sfgov.org | Public Relations Officer Jessie Seyfer | (628) 271-9800
**PRESS RELEASE**
Jury Acquits Legally Blind Man for Second Time in Two Years
Charles Underwood, who is unhoused, was arrested after a man kicked the boxes he was sleeping in
SAN FRANCISCO — For the second time in two years, a San Francisco jury has fully acquitted a legally blind, unhoused man who has repeatedly been harassed living in the Marina District. In the latest case, prosecutors accused Charles Underwood, 52, of resisting arrest and of making threats against a man who kicked the boxes in which Underwood was sleeping, twice, in front of the Presidio Theater on Chestnut Street. Jurors acquitted Underwood on Sept. 11, approximately a year after a separate jury acquitted him in a case where prosecutors said Underwood kicked a woman at a different location on Chestnut Street. In that case, Underwood testified that he did not intend to kick the woman but had gotten his feet tangled in her dog’s leash. The case was notable also because Underwood decided to remain incarcerated so that his trial would occur more quickly than most other trials were occurring at the time. (More info on the SF Superior Court’s harmful trial delays can be found here.)
“Mr. Underwood is just trying to sleep in a safe place, and he has been harassed several times,” said Deputy Public Defender Amy Tao, Underwood’s attorney. “The cardboard boxes are his only form of shelter. In this instance, when someone acted aggressively toward him, he became alarmed and used his words to defend himself.”
On July 12 around 8:30 a.m., Underwood was sleeping in several boxes that were placed in a line outside the Presidio Theater, and felt two distinct kicks to the boxes. He got out of the boxes and exchanged words with the man, who admitted in court that he then feigned “head kicks” at Underwood. Eight police officers arrived and immediately arrested Underwood without getting his side of the story. Officers forced Underwood to the ground face down and continued to use force and a “pain compliance technique” as he was telling officers that he was not resisting and could not breathe.
“Unhoused members of the community deserve compassion and care,” said elected San Francisco Public Defender Mano Raju. “I appreciate the jury’s thoughtful attention to this case, and applaud Mr. Underwood’s defense team for safeguarding the rights of a vulnerable person.”
The defense team included Tao and Investigator Terry Collins.
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