A man accused of attacking San Francisco Mayor Daniel Lurie’s bodyguard has been released after a judge determined that the security officer was the instigator of the altercation. The decision, made by Judge Sylvia Husing, came after reviewing a viral video showing the mayor’s police bodyguard, Joel Aguayo, pushing Tony Phillips, a 44-year-old homeless man, into a heap of trash as Mayor Lurie stood nearby.

The incident, which left Officer Aguayo injured with a head wound after being bodyslammed by Phillips, has drawn significant attention. Phillips’ lawyer, Ivan Rodriguez, argued in court that the mayor himself was responsible for provoking the violent encounter. “The mayor lured his security detail into engaging in this senseless altercation, all for political theatrics, your honor,” Rodriguez stated, as reported by Mission Local. He criticized the mayor’s actions, saying, “I don’t think that’s leadership — I think that’s performative.”

According to a police report obtained by the San Francisco Standard, Mayor Lurie instructed his security team to pause near Cedar Street, an alley close to the troubled Tenderloin district. This area is noted for its challenges, setting the stage for the controversial incident.

“The mayor lured his security detail into engaging in this senseless altercation, all for political theatrics, your honor,” Rodriguez said in the courtroom, per Mission Local.

“I don’t think that’s leadership — I think that’s performative,” he said.

A police reported obtained by the San Francisco Standard stated that Lurie ordered his security detail to stop near Cedar Street, an alleyway near the troubled Tenderloin district.

Lurie “hopped out” of the SUV and confronted a group of homeless people sitting on the sidewalk, asking them to move.

“On whose behalf do I need to move?” asked Phillips, who became “argumentative.”

“I’ll Bruce Lee kick your ass,” he told Aguayo, per the report.  

Aguayo suffered cuts to the back of his ahead, bruising to his face and a back injury.
Lurie appeared to respond to the incident in an Instagram video.

“I’m walking the streets of San Francisco every day because I believe you can’t solve what you can’t see,” he said.

“I will continue talking to our families, small businesses owners, and residents and staying laser focused on public safety and transforming our approach to homelessness and the behavioral health crisis.”

After Aguayo shoved Phillips, according to surveillance video of the incident, the two wrestled before the officer was slammed to the ground.

Lurie is seen with his hands in pockets, watching the tussle, before walking off to alert a second security officer that Aguayo needed backup.

Phillips had been previously ordered to not loiter in the area, but Husing called the stay-away order vague. while voicing some concern abut

Phillips was arrested on suspicion of murder in 2019 after a stabbing incident, but did not face charges due to lack of evidence.

“The case is proceeding. I’m going to let it play out,” Lurie said Wednesday at a San Francisco police ceremony.

“I’m going to continue to focus on public safety—that’s always going to be my number one priority, and I will continue to lead in that way.”