By Nancy Pena Fregoso
SAN FRANCISCO — A deputy public defender raised concerns during an arraignment about whether a complaining witness may have misinterpreted the behavior of a young Black man diagnosed with autism before an alleged physical confrontation with a magician during a performance.
Deputy Public Defender Sylvia Nguyen represented the accused, who allegedly physically attacked the magician during the performance. Based on the police report, Nguyen highlighted that the magician noticed the accused in the crowd, allegedly mentioned that there was something off about him and wanted to call security before any type of physical interaction.
Assistant District Attorney Blake Hyde requested electronic monitoring and anger management classes because of the accused’s prior arrests, which include battery, assault, vandalism and obstruction over the last five years.
Hyde also stated that even though the accused does not have any convictions, he received around four warrants between 2023 and 2025.
However, the prior arrests were granted diversion, and the accused completed all of the diversion programs.
Nguyen first made her statement introducing the accused.
“[The accused] walks through life a little differently than others,” Nguyen stated.
Nguyen mentioned that the accused receives services from Bay Area Community Services. She also presented a progress report from a family therapist to the court that confirmed the accused’s engagement in mental health services and other programs, including daily programming at Larkin Street Youth Services and Hype Center.
The report summarized the accused’s accomplishments and treatment progress, demonstrating the accused’s improvement.
The accused will be attending community college this fall, where he will be studying African American studies. Nguyen highlighted the accused’s commitment to higher education and learning.
Nguyen requested the accused’s release on his own recognizance and argued that, based on the background she provided, the case did not necessitate electronic monitoring. She advised Community Assessment and Services Center check-ins and continued services with Bay Area Community Services.
Judge John D. Echeverria still expressed concern about the actions of the accused toward the magician.
“From what I understand, and after speaking with family members, those who have been diagnosed with autism unfortunately have behaviors that are misinterpreted and it causes people some concern,” Nguyen stated. “I think unfortunately, [the accused] is very tall, he is a large young man. There must have been a lot of misinterpretation and jumping to conclusions.”
“I will note that many people are diagnosed with autism, and they don’t conduct themselves this way,” Hyde stated. “[The accused] approached the stage, spat at [the magician], then jumped on the stage and beat the magician several times. I think, in light of that conduct, given the many arrests for assaultive conduct over the last few years, that’s where our concern comes from.”
Judge Echeverria ordered electronic monitoring and continued engagement with Bay Area Community Services as conditions of release. He also signed a criminal protective order for the complaining witness.
The preliminary hearing is set for Sept. 1.
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