A man who was shot five times by police saw San Francisco District Attorney Brooke Jenkins withdraw its case against him because a witness refused to testify, according to the San Francisco Public Defender.
Richard Everett, 54, had been charged with resisting arrest, threatening an officer and carrying a knife.
The dismissal on Thursday came one day after opening statements and initial evidence were presented.
San Francisco police were dispatched about 10:20 p.m. on Aug. 28 to a report of a man holding a knife in the 300 block of Jones Street, between Ellis and Eddy streets, in the Tenderloin.
A caller reported a man with a knife threatening people, describing the blade as being a "foot long." Within three minutes, police arrived at the scene and found Everett with a "big ass Rambo-style" knife in his right hand, according to audio from the body-worn camera footage provided by police at a virtual town hall on Sept. 5.
Police set up a containment zone around Everett, with multiple officers and squad cars, as officers attempted to get him to put down his knife. Police can be heard saying that they were there to help, and they didn't want to hurt him, but that they can't help him until he put down the knife.
Everett responds that "almighty God" gave him the knife and says several times that if someone "f's" with him, he will "take it out."
Officers continue for 15 minutes to try to get him to put down the knife as he is surrounded by multiple officers with weapons pointed at him, at one point telling Everett that he is scaring people.
Everett eventually puts the knife in his waistband and picks up a duffel bag and a milk crate, appearing to mutter to himself and holding both his belongings in his left hand. He begins to walk toward the street and pulls out the knife, aiming it down parallel with his thigh.
According to police Capt. Mark Im's introduction to the footage, Everett "quickens his pace" and moves toward officers.
"With his left hand, Mr. Everett held the milk crate and the duffel bag in front of his face," Im said. "With the right hand, Mr. Everett raised the knife and swung it back and forth, as he continued to move toward the officers."
Im said at that point officers yelled out "red light," which means they are about to use non-lethal bean bag guns. Multiple shots rang out, and Everett eventually fell onto his stomach, writhing.
As he is being shot, Everett pulls both arms up and covers his face with his belongings and moves faster into the street, waving his knife blindly as he is shot and eventually falls.
Everett suffered gunshot wounds to his lung and right hand, according to the Public Defender's Office.
Deputy Public Defenders Nuha Abusamra and Anthony Gedeon represented Everett, who they described as exhibiting signs of a mental health crisis. No one else was injured.
"Today's dismissal illustrates why Mr. Everett should have never been charged and incarcerated since August of 2023," Abusamra said. "The dismissal today is the right result, but we should question why it took so long to get here."