Attorney acquitted of murder in death of homeless man

A Palmdale attorney accused of murdering a homeless man in 2015 was acquitted of all charges by a San Francisco jury Wednesday, putting an end to a contentious dispute between prosecutors and the public defender's office.

San Francisco Public Defender Jeff Adachi, who personally took on the case, argued defendant Carlos Argueta acted in self defense and that the second-degree murder case was improperly charged by the district attorney's office.

"Carlos was the last person who would ever intentionally stab anyone or try to hurt them," Adachi said in a statement. "This case was a tragic accident, not an intentional killing. We thank the jurors for their hard work in arriving at a verdict based on the evidence."

The case revolved around a dispute over a bag outside a bar, which led to Argueta stabbing the victim, James Thomas, when Argueta tried to push him away after being punched. Adachi contended the killing was a tragic accident while prosecutors maintained Argueta was intoxicated and should be held accountable for allegedly escalating the situation. People v. Argueta, 17007655 (San Francisco Super. Ct.).

The case was initially dismissed in 2016 after a San Francisco County judge found that surveillance footage showed Argueta accidentally killed the victim in self defense. Prosecutors were able to recharge Argueta in 2017 by bringing a grand jury indictment.

Adachi, in turn, argued the case should be dismissed because Assistant District Attorney Andrew Ganz allegedly influenced witness testimony at the grand jury proceedings to hide evidence that indicated Argueta was defending himself.

"After a review of facts and evidence, it led us to believe an unlawful killing occurred," said district attorney's office spokesperson Max Szabo.

The State Bar found that Ganz committed prosecutorial misconduct in November for failing to disclose exculpatory evidence when he was a Solano County prosecutor in 2013.

But San Francisco County Superior Court Judge Ethan Schulman ruled that it was improper for Adachi to speak to grand jurors and that evidence of misconduct in one case is "not 'proof' that the same prosecutor committed misconduct years later in an unrelated case." Superior Court Judge Samuel Feng presided over the trial.