SAN FRANCISCO — After 19 pretrial hearings, a San Francisco County Superior Court judge dismissed a criminal case Tuesday, bringing relief to both the accused and the complaining witness — his mother — who had repeatedly urged the court to drop the charges.
Judge Brian Stretch granted the defense motion to dismiss the case under Penal Code section 1385, which allows for dismissal in the interest of justice. The decision followed persistent court appearances by the mother, who attended all 19 hearings and consistently supported her son’s release from prosecution.
The District Attorney’s Office opposed the dismissal, pointing to an active subpoena for the officers who responded to the original incident, arguing that forthcoming testimony could impact the case. However, the Deputy Public Defender countered that the accused had remained incident-free for 16 months, no longer required electronic monitoring, and was not subject to a restraining order.
Judge Stretch agreed, finding the case did not warrant continuation through Penal Code section 1001.95, a pretrial diversion program requiring compliance with court-ordered terms for a specified period. The judge determined the accused had already demonstrated sustained compliance with court orders and that further diversion was unnecessary.
With both the defense and the mother of the accused advocating for dismissal — and in the absence of any recent violations — Judge Stretch ruled that continuing the case would not serve the interests of justice.
The case was formally dismissed Tuesday morning.
