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SF Fajita-Gate Officers Will Face Trial Together

Posted: 5:24 pm PDT July 16, 2004

Three off-duty San Francisco police officers accused of beating two men over a bag of fajitas will be tried together, a San Francisco Superior Court judge ruled today.

District Attorney spokeswoman Debbie Mesloh said Superior Court Judge Kay Tsenin denied a request by defense attorneys to give the three defendants separate trials.

The defendants have also asked for a change of venue due to extensive pretrial publicity, and the judge will hold a hearing about it on Aug. 11, 12 and 13, Mesloh said. The jury trial is still scheduled to start Aug. 27.

The three men, Alex Fagan, Jr., Matt Tonsing and David Lee, are accused of attacking two other men on Union Street early in the morning of Nov. 17, 2002. The off-duty officers allegedly demanded a bag of steak fajitas carried by one of the victims, then beat the two men when they refused to turn over the food, prosecutors allege. The incident became known as Fajita-gate.

All three defendants have pleaded not guilty to the charges against them.

Alcohol figured in the incident, according to prosecutors, who charged Fagan with misdemeanor public drunkenness in addition to felony assault on one of the alleged victims and causing great bodily injury. Fagan left the police force last summer because his time to successfully complete probation ran out.

Tonsing and Lee are facing various felony and misdemeanor charges as well. Lee is accused of drunken driving.

Seven high-ranking police officials, including Fagan's father who was then assistant chief, were briefly indicted last year on obstruction-of-justice charges that were later dismissed. Most have since had the court deem them factually innocent.

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