Criminal case tossed after Berkeley beating video emerges

Two homeless men who admitted attacking a pair of downtown Berkeley community ambassadors have had their criminal cases dismissed in light of a video that emerged showing one of the ambassadors apparently sucker-punching one of the transients.

The video showed an ambassador, Jeffrey Bailey, last month attacking one of the homeless men, 29-year-old James Cocklereese — suddenly punching him, then repeatedly striking him in the face — as another ambassador, Carmen Francois, stands by, authorities said.

The ambassadors told police that Cocklereese and a second homeless man, Nathan Swor, 23, had assaulted them and made threats, which led to their arrests, authorities said.

Prosecutors charged Swor and Cocklereese with several crimes in connection with the incident. Each pleaded no contest to misdemeanor battery and were sentenced to probation.

But then came the surfacing on March 26 of the video of the altercation, which was first brought to light by local news website Berkeleyside.

The incident began in an alleyway behind a CVS store at the corner of Shattuck Avenue and Bancroft Way on the evening of March 19. The ambassadors, wearing signature neon green shirts in their roles of encouraging a friendly atmosphere downtown, later told investigators they were trying to rouse two apparently homeless men.

As the video starts, the ambassadors can be seen trying to get the men to move their belongings near a large trash bin. Bailey and Cocklereese exchange words, the video shows. “Get the f— back from my s—!” Cocklereese yells at Bailey.

Bailey appears to suddenly punch the man in the head, and to continue to hit him while he’s on the ground.

Swor then picks up a pole that appears to have a blade on it, and tries to get in between Bailey and Cocklereese. Francois tells Swor to “Back up!” Bailey then turns his attention to Swor, who swings the pole at Bailey, the video shows.

As the video ends, the men at the trash bin can be seen gathering their belongings and issuing threats of lawsuits as they leave the alley.

Prosecutors are awaiting information from Berkeley police before determining whether the ambassadors could face charges, officials said.

John Caner, CEO of the Downtown Berkeley Association that runs the ambassador program, apologized last week for the incident, saying the ambassador accused of throwing punches has been fired and the other has been suspended pending an investigation.

The video can be seen at http://bit.ly/1Csp2fj.

Henry K. Lee is a San Francisco Chronicle staff writer. E-mail: hlee@sfchronicle.com