SAN FRANCISCO (AP) — A San Francisco deputy will not serve any jail time for an assault on a homeless man in a hospital waiting room.
The San Francisco Chronicle reports that a judge on Wednesday sentenced 34-year-old Michael Lewelling to community service and probation.
Lewelling was found guilty in October of assault under the color of authority, as well as a misdemeanor charge of assault. During the sentencing, Superior Court Judge Ellen Chaitin dismissed the misdemeanor charge, citing the 60-year-old victim’s credibility.
Lewelling had accused Fernando Guanill of threatening him during the Nov. 3 2014 confrontation. Prosecutors declined to file charges against Guanill and later said video clearly showed Lewelling acting as the aggressor.
Defense attorney Harry Stern says he plans to challenge the convictions.