By Caleb Song
SAN FRANCISCO — On Tuesday, a homeless San Francisco man accused of trespassing in a Hilton hotel was given a stay-away order after trying to use the hotel’s bathroom.
The public defender representing the man was able to secure diversion in the case, but could not prevent the order from Judge Brian Stretch in Department 17.
The accused appeared in court at the San Francisco Hall of Justice, facing a count of trespassing and failing to leave private property, a violation of California Penal Code section 602(o), a misdemeanor.
He was represented in arraignment by Deputy Public Defender Milan Pavlic, who submitted a motion for diversion.
Pavlic explained that the accused was unhoused and had simply entered the Hilton hotel to use the bathroom.
Security encountered him in the hallway and told him he was not allowed inside.
When asked to leave, the accused used the facilities and then attempted to exit, but was detained and placed in handcuffs.
After hearing from the defense, Judge Stretch heard from the prosecution, which objected to the motion for diversion.
Prosecutors said the man had locked himself inside the bathroom and refused to leave despite multiple requests.
They also pointed to his prior trespass convictions, additional criminal charges and a misdemeanor probation order.
In addition to opposing diversion, they requested a stay-away order from the Hilton on Kearny Street.
Before ruling, Judge Stretch inquired about the probation order and, upon learning it was issued in Alameda County, largely disregarded it.
The defense noted that the accused had only one conviction in the past five years.
In the end, Judge Stretch granted a five-month diversion period.
The accused must avoid new arrests and stay out of the Hilton on Kearny Street.
The court also recalled an outstanding bench warrant.
The misdemeanor diversion hearing is set for Dec. 8, 2025.
