SAN FRANCISCO, CA — The San Francisco Public Defender’s Office has announced a jury has acquitted Charles Underwood, a 52-year-old legally blind, unhoused man, for the second time in two years.
Underwood, who has endured repeated harassment in the Marina District, was charged with resisting arrest and allegedly making threats against a man who kicked the makeshift shelter of cardboard boxes where he was sleeping, according to a statement by the Public Defender’s Office.
Underwood’s acquittal came on September 11, nearly a year after a separate jury found him not guilty in a similar case on Chestnut Street, said the defenders, adding in that previous instance, Underwood was accused of kicking a woman, though he testified that his foot became entangled in her dog’s leash, making the contact unintentional.
Notably, Underwood opted to remain in custody to fast-track his case amid delays within the San Francisco Superior Court, as detailed in the PD office statement.
The recent case began on July 12 outside the Presidio Theater on Chestnut Street where, according to the Public Defender’s Office, at around 8:30 a.m., Underwood, who was sleeping within a line of cardboard boxes, felt two kicks to his shelter.
When he confronted the man, who later admitted in court to pretending to “head kick” Underwood, the situation escalated. Shortly afterward, eight police officers arrived, arresting Underwood without allowing him to share his account.
The PD said, despite Underwood’s repeated statements that he was not resisting and was struggling to breathe, officers reportedly used force and a “pain compliance” technique to restrain him.
Deputy Public Defender Amy Tao, who represented Underwood, argued he was merely attempting to defend himself verbally when provoked.
“Mr. Underwood is just trying to sleep in a safe place, and he has been harassed several times,” Tao stated, adding, “The cardboard boxes are his only form of shelter. In this instance, when someone acted aggressively toward him, he became alarmed and used his words to defend himself.”
The case, as noted by the San Francisco Public Defender’s Office, has drawn attention to the often overlooked and difficult conditions faced by San Francisco’s unhoused community.
San Francisco elected Public Defender Mano Raju described the significance of caring for unhoused individuals, noting, “Unhoused members of the community deserve compassion and care.”
Raju added, “I appreciate the jury’s thoughtful attention to this case and applaud Mr. Underwood’s defense team for safeguarding the rights of a vulnerable person.”
Underwood’s defense team included DPD Tao and Investigator Terry Collins, both of whom advocated vigorously for him, asserting that his rights were violated in a pattern of disregard for the dignity of unhoused individuals.
