SAN FRANCISCO — A San Francisco Superior Court judge reduced two firearm-related charges from felonies to misdemeanors during a preliminary hearing after concluding the prosecution had not presented sufficient evidence to support the felony allegations.
During the July 1 hearing, Deputy District Attorney Sarah Quioñes arrived approximately two and a half hours late, appearing at 11:25 a.m. The accused and family members said they had “been waiting since 8 a.m.” while Quioñes completed another preliminary hearing. The matter had originally been scheduled for June 30, 2026.
During direct examination, Officer Cole Schmitz described the events leading to the accused’s arrest and the charges alleging unlawful possession of a firearm. Schmitz testified that he was patrolling Ingle Street, an area he said had become part of his regular assignment since joining the department in May 2025.
Schmitz said that on the night of June 11, 2026, he observed a vehicle drive through a stop sign.
“The driver didn’t seem to know what they were doing,” Schmitz testified.
After following the vehicle, Schmitz said he saw “three males in all black” exit the car “in a quick manner” before “taking off in all directions.”
A passerby directed Schmitz and his partner, Officer Smith, to an area where one of the three men was allegedly hiding behind a Connex shipping container. Schmitz testified that Smith later notified him a firearm had been found “within arm’s reach [of the accused] in a white container with a lid.”
Quioñes then questioned Schmitz about his knowledge of the accused’s home address. Defense counsel objected on relevance grounds, and the objection was sustained.
Quioñes explained she sought to rebut any defense argument that the accused had been sleeping outside or was unhoused, asserting that the accused was behind the container to evade police rather than because he lacked housing.
Deputy Public Defender Herman Holland challenged the prosecution’s theory that the firearm belonged to the accused. Holland argued no witness saw the accused place the gun in the container and maintained the prosecution had not established possession, noting that two other men also fled from officers during the incident.
After hearing the evidence, Judge Matthew Kahn reduced Count 2, carrying a loaded firearm, and Count 3, carrying a concealed firearm, from felonies to misdemeanors. Judge Kahn found the evidence presented at the preliminary hearing was insufficient to support the felony classifications.
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