By The Vanguard Staff
SAN FRANCISCO, CA – The San Francisco Public Defender’s Office late last week said a man was found not guilty of murder by a jury that realized a man’s death “was a tragic accident,” and avoided “another tragedy by finding” their client not guilty.
The San Francisco jury found Peter Rocha “not guilty of murder and all felony charges in the accidental death of an elderly Glen Park resident, Leo Hainzl,” said the PD, adding Hainzl was found guilty of the “misdemeanor assault for swinging his crutch toward Mr. Hainzl as the two men engaged in a brief confrontation near the entrance of Glen Canyon Park.
Deputy Public Defender Will Helvestine successfully argued, “Mr. Hainzl suffered a mortal fall when he tripped on a curb and hit his head on the steep hill of Elk Street after he had walked more than 30 feet away from Mr. Rocha.”
He added, “While Mr. Hainzl’s death was a tragedy, it was a tragic accident. The jury did the right thing in avoiding another tragedy by finding Mr. Rocha not guilty of a murder he did not commit.”
The PD’s Office said Rocha is a military veteran and former martial arts teacher who has suffered from “mental illness” for about 20 years and his Glen Park neighbors “recognize him as a vulnerable member of the community.”
According to the SF Public Defender’s statement, in March of 2020, “Mr. Rocha was sitting on a bench in Glen Canyon Park when Mr. Hainzl came walking down the path with his large dog. Separate witnesses heard a brief commotion of barking and voices, and then saw Mr. Rocha swing his crutch in the air. The witness who was closer to the incident testified that the crutch did not make physical contact with Mr. Hainzl.”
The PD added, “Both witnesses saw the men separate uninjured. The second witness called 911 only after she saw Mr. Hainzl trip and fall on his head as he was looking back up the hill for his dog. This was after Mr. Hainzl had walked at least 30 feet away from where he’d encountered Mr. Rocha. Mr. Hainzl died at the hospital several hours later.”
The PD’s Office noted that, while Rocha was initially charged with murder in the “accidental death,” Rocha was found incompetent to stand trial initially but later found competent. He is expected to be released from jail to seek medical help at the Veterans Administration.
“We live in a state where mental healthcare is so severely underfunded, that many of our most vulnerable community members end up unnecessarily incarcerated, and even the courts can’t guarantee access to the care they may need when there is a supply deficit of beds and services,” said Doug Welch, a Felony Manager at the Public Defender’s Office.
He added, “I commend Mr. Helvestine and his team, who were able to reveal the truth to the jury and have worked hard over the past two years to support Mr. Rocha throughout his incarceration in this devastating case.”
