SAN FRANCISCO — Prosecutors have dismissed felony assault and battery charges against Irvin Alberto Lara-Rivera, a San Francisco man accused of a hate crime in an altercation outside a bar in the city’s Financial District last fall.
The decision came after a jury deadlocked heavily in favor of acquitting Lara-Rivera, whose defense argued the case was based on a misunderstanding that spiraled into months of incarceration and intense public scrutiny.
Lara-Rivera, represented by Deputy Public Defender Deborah Awolope, had faced two felony charges enhanced with hate crime allegations. He was accused of using a racial slur against a local celebrity chef during a confrontation on September 24, 2024, while walking his dog on California Street.
According to the defense, the incident began when Lara-Rivera called out to his dog while passing a woman who was speaking loudly on her phone outside a bar. The woman mistakenly believed he had called her a racial slur. She quickly pursued Lara-Rivera, sparking a confrontation that turned physical.
“She was mistaken—that word was never used,” Awolope said. “But in the heat of the moment, that misunderstanding escalated. Unfortunately, Mr. Lara-Rivera bore the brunt of that mistaken belief and spent months in jail before the truth emerged at trial.”
The confrontation intensified as Lara-Rivera attempted to enter a nearby convenience store. The woman threw her phone at him, charged, and grabbed him inside the store, where a bystander also pepper-sprayed Lara-Rivera.
Video footage from inside the store, widely circulated in news coverage, captured portions of the incident but initially fueled public outrage and assumptions that the altercation was racially motivated.
However, further investigation and testimony revealed that initial reports were inaccurate. Lara-Rivera maintained he acted in self-defense after being physically attacked.
“We live in a time when accusations—especially those tied to race—can explode before the facts are fully known,” said San Francisco Public Defender Mano Raju. “It’s critical that public defenders have the opportunity to bring the full context to light. That’s exactly what happened here, and the jury’s response shows how important that process is.”
After days of deliberation, the jury voted 11-1 to acquit Lara-Rivera of felony assault and 9-3 to acquit on felony battery. Because the panel could not reach a unanimous verdict, the hate crime allegations attached to those charges were not decided.
Following the hung jury, prosecutors chose to dismiss the case rather than seek a retrial.
“This case was always about a misunderstanding that was tragically misinterpreted,” Awolope said. “We respect the feelings this case stirred in the community, but the evidence made clear Mr. Lara-Rivera did not commit a hate crime—he was trying to protect himself.”
The defense team included Awolope, Investigator Zaki Shaheen, and Paralegal Madison Matthies.
All charges against Lara-Rivera have now been dismissed.
Interesting case. So in this instance it turns out it was a misunderstanding.
But what if someone actually uses a racial slur and is attacked by the other person?
Is the person who used the racial slur going to be charged for a hate crime even though they didn’t initiate the physical altercation and needed to defend themselves?
Fair questions, not sure the answer.
Well from reading about this case Lara-Rivera spent months in jail even though it appears he didn’t initiate the physical part of the altercation.
Was curious, so I found the video in this article. Man, that went on for a long time – and no one intervened except for spraying the guy in the face with pepper spray.
The dog seemed to want to be “involved” as well, but wasn’t sure what to make of it.
https://sfstandard.com/2025/03/20/san-francisco-netflix-chef-racist-assault-case-dropped/
Despite what some may believe is “justified”, I don’t think the law allows you to physically attack someone else even if they did use a racial slur.
Put me on a jury, and I’ll confirm that.
Ron, that’s how I see it too.