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SF District Attorney Drops Rec Center Murder Case

Posted: 4:22 pm PDT August 30, 2006

A 24-year-old man police booked on charges of murdering a young man inside the Ella Hill Hutch Recreation Center April 27 is expected to be released Wednesday from San Francisco County Jail.

Earlier last week, the district attorney's office determined there was not enough evidence to hold Esau Ferdinand, 24, in the brazen early evening shooting of 22-year-old Donte White inside the Western Addition center's gym.

Ferdinand was to remain in custody on a probation violation, but since that violation was the homicide charge already taken off calendar, authorities could not legally hold him any longer.

He is the second suspect this week to have his homicide charges dropped by the district attorney's office.

The case against Safalo Brown, a 34-year-old man who police say fled the scene of a double homicide and officer-involved shootout, was released Tuesday after the district attorney's office determined once again that there was not enough evidence.

Both men were still in custody at 2:30 p.m. Wednesday, according to San Francisco Sheriff's Department spokeswoman Eileen Hirst.

Ferdinand is expected to go free Wednesday and Brown will remain in custody on a parole violation, Hirst said.

Police arrested Ferdinand Aug. 17 after a traffic stop at Divisadero and Oak streets. Superior Court Judge John Dearborn signed the arrest warrant earlier in the day.

Officers took Safalo into custody Sunday night after his friend died in a gun battle with San Francisco police.

Charles Breed, a 33-year-old San Francisco resident, shot at police when they attempted to arrest him, according to Sgt. Neville Gittens with the department's public affairs office.

Police said Breed riddled a patrol car with bullets before officers fatally shot him.

Gittens said there was little doubt that Breed pulled the trigger in an execution-style shooting that killed Valerie Henderson and Russell Sultan as they sat in their car.

He said Brown, who was waiting in a car down the street, was also directly involved in the homicide.

But since the district attorney's office could not find enough evidence in the maximum 48 hours to arraign Brown, prosecutors had no choice but to drop the charges, according to spokeswoman Debbie Mesloh.

"All evidence currently gathered points to the deceased participant in this incident as the homicide suspect," she said.

Brown could be held on a parole violation indefinitely if prosecutors establish reasonable cause.

Ferdinand appeared today before Superior Court Judge Donna Alyson Little.

He is expected to go free but he is required to return to court on Sept. 22 in Department 15 for driving with a suspended license.

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