By Jade Leonard, Ala Abuhara, Coey Zhang
SAN FRANCISCO — During a preliminary hearing Tuesday in San Francisco Superior Court, Judge Teresa Estrada-Mullaney ruled there was sufficient evidence to move forward with a felony assault charge against a 35-year-old woman.
Deputy Public Defender Diamond Ward argued the accused has a mental health diagnosis and said she believed the complaining witness had arranged for her rape.
The accused is charged with felony assault with force likely to cause great bodily injury. The incident occurred April 28 at 8 p.m. at a residence where both the accused and the complaining witness were staying.
The complaining witness, who testified during the hearing, said the accused approached him from behind and began hitting him, continuing to use force after he was knocked to the ground.
Ward made an oral motion under Penal Code section 17(b) to reduce the charge to a misdemeanor. Judge Estrada-Mullaney denied the motion, stating, “This is a close one as far as a 17(b) motion … in my opinion, the conduct that rises to a felony conduct is the kicking.”
Ward told the court the accused had no prior criminal convictions or contact with the criminal justice system. She said the accused had a mental health detention 29 days prior to the incident and that her condition played a major role in the encounter.
Ward also emphasized that the complaining witness’s injuries were limited to bruises and did not require follow-up care or medication.
Deputy District Attorney Andre Guiulfo argued the attack was “violent and unprovoked.” He challenged Ward’s claim about the accused’s lack of criminal history, noting she had been arrested for domestic battery in 2024.
Guiulfo presented video evidence of the incident and called the complaining witness to the stand.
The witness testified that he was walking through the corridor with his back to the accused when she attacked him. He said he was also hit from the front and knocked to the ground.
When asked whether he had provoked the accused, the witness responded, “Not at all.” He said the accused was yelling at him, but he did not exchange any words before she began hitting him.
He told the court he went to the hospital and suffered internal bruising, though he did not need medication or follow-up treatment.
During cross-examination, Ward asked what the accused was yelling prior to the assault. The witness said, “[The accused] accused me of arranging her rape.” When Ward asked, “Had you arranged for [her] rape?” he replied, “No, I’m not that kind of guy.”
Guiulfo sought to add a second charge of elder abuse under Penal Code section 368(b)(1), but Judge Estrada-Mullaney dismissed the charge.
The case is scheduled for arraignment on July 29 at 9 a.m. in Department 22. A trial date will follow.
