S.F. deputy guilty of beating homeless man in hospital

A San Francisco sheriff’s deputy was found guilty Tuesday of abusing his authority as a law enforcement officer when he beat a homeless man — a man who was initially accused of attacking the deputy until video footage emerged.

A jury convicted Michael Lewelling, 34, of assault under the color of authority, a felony, and misdemeanor assault in connection with the Nov. 3 encounter in the waiting room of San Francisco General Hospital.

“Anytime an officer violates the law, it is damaging to all of law enforcement. What is even more troubling is that this occurred at a hospital,” said District Attorney George Gascón. “No one is above the law, most of all those who enforce it.”

Lewelling was assigned to the sheriff’s patrol unit at the hospital when 59-year-old Fernando Guanill arrived early for an appointment regarding knee replacement surgery, and fell asleep.

Lewelling filed a report saying that when he asked him to leave, Guanill tried to attack him with his wooden cane and threatened to hurt him if he touched him. Guanill was jailed, but prosecutors, suspecting wrongdoing, declined to file charges and requested video evidence.

The video, said Assistant District Attorney Nancy Tung, showed Lewelling acting as the aggressor, and Guanill seemingly complying with his orders to leave.

“Mr. Guanill gets one step before he’s thrown back down in that chair — one step is all you get at San Francisco General Hospital,” Tung said in her closing argument. “The force is not reasonable.

“Deputy Lewelling is a bully,” she said. “He was picking on Mr. Guanill.”

Lewelling was also charged with perjury, filing a false police report, filing a false official document and felony assault, but was acquitted of those charges.

In his closing argument, Harry Stern, Lewelling’s attorney, said his client had perceived that Guanill was attempting to strike him with his cane, and therefore did not perjure himself when he wrote that in his report.

While his report may have had omissions due to faulty memory or report-filing, Stern said, it was not false.

Stern questioned Guanill’s credibility, citing past interactions he had with law enforcement and medical personnel. Guanill had previously been accused of pulling a knife and spitting on a uniformed officer, and urinating in a sink at UCSF Medical Center.

Stern said prosecutors charged Lewelling to capitalize on an atmosphere of mistrust of law enforcement and the San Francisco Sheriff’s Department.

“This is a political case, which is the most dangerous kind of case,” Stern said. “It’s very easy for a political prosecution to turn into a persecution.”

Stern said after the verdict that he planned on challenging the convictions before Lewelling’s sentencing on Oct. 7.

Lewelling is on unpaid leave. Department officials issued a statement Tuesday saying that “any departmental administrative action that has been postponed in this matter, pending the completion of the criminal court process, will commence promptly.”

Guanill filed a claim against the city in March. His attorney, Randolph Daar, said he was “very encouraged” that a jury convicted Lewelling on what “is in essence, a civil rights violation.”

“I think this bodes well that Fernando will recover significant damages in civil action,” Daar said.

Vivian Ho is a San Francisco Chronicle staff writer. E-mail: vho@sfchronicle.com Twitter: @VivianHo