[Hpn] Stabbing incident involves lawyer - Prosecutor in altercation in San Rafael, police say!

wtinker wtinker@metrocast.net
Sun, 11 Nov 2001 14:40:06 -0500


             Stabbing incident involves lawyer
             Prosecutor in altercation in San Rafael, police say!

             Ryan Kim, Suzanne Herel, Chronicle Staff Writers    Sunday,
 November 11, 2001

             A San Francisco prosecutor who has spent his career fighting
 violent crime might himself face charges stemming from a dispute over
public
 urination that escalated into a fistfight and ended with the stabbing of a
 Fairfax man.

             San Rafael Police said yesterday that the Marin district
 attorney's office will decide as early as Tuesday whether to charge Floyd
 Andrews, 45, with a crime in the Friday night fight, in which he told
police
 he was acting in self- defense. He allegedly stabbed Martin Stanley, 37,
 after spotting the man urinating on his white picket fence.


             INTENSIVE CARE
             Meanwhile, Stanley remained in intensive care under a
protective
 order at Marin General Hospital in Greenbrae after undergoing surgery to
 remove part of his liver and repair his punctured diaphragm.

             "He cut his liver almost in half," said Stanley's wife, Blythe,
 37, yesterday. "This is from somebody who is supposed to uphold the law. .
.
 . I'd expect it from a hood off the corner, but I wouldn't expect it from
 somebody practicing justice."

             Andrews, an assistant district attorney in the special
 prosecutions unit, was released from the hospital yesterday and returned
 home with a broken nose, black eye and other facial injuries.

             Approached by a reporter at his home, the longtime prosecutor
 declined to talk about the incident.

             San Rafael Sgt. Jeff Franzini said Andrews was walking his dog
 about 6 p.m. when he spotted Stanley urinating and confronted him. One of
 the men -- investigators are still trying to pinpoint which -- started
 throwing punches. At some point, Andrews stabbed Stanley before retreating
 into his house and calling police.


             SUSPECTED WEAPON
             Police recovered what they believe was the weapon, a pocket
 knife with a 3- inch blade, along with DNA evidence in a search of Andrews'
 home yesterday, said Margo Rohrbacher, San Rafael police spokeswoman.

             "It was just a small incident that just got taken to an
 extreme," Franzini said.

             Franzini said neither Andrews nor Stanley was intoxicated at
the
 time.

             District Attorney Terence Hallinan said it's too early to tell
 how the incident might affect Andrews' status at the office.

             "I've got my fingers crossed," he said. "It appears to me it
was
 self- defense."

             Wayne Friday, a San Francisco police commissioner who worked
 with Andrews for about 15 years, said he was surprised at the news.

             "When I saw that, I called a friend of mine and said, 'Is this
 right?' " said Friday, who described Andrews as a "solid guy, good lawyer
 and law-and- order prosecutor" as well as a mild conservative.

             "When you get in the heat of a tough court case, prosecutors
can
 lose their temper -- they all get pissed off at one time or another -- but
I
 have never seen him lose his temper," he said.

             Dan Addario, chief investigator in the district attorney's
 office, also expressed disbelief.

             "This is totally not him," he said. "He's a very quiet guy, I
 would say an introvert."

             He described Andrews as health-conscious, a man serious about
 his work who doesn't socialize with his office mates after hours.

             In addition, a deputy public defender who has come up against
 Andrews in court came to the prosecutor's defense.

             "This is very out of character," Franz Fuetsch said. "If he
 finds himself facing charges, you can bet I will be appearing as a
character
 witness on his behalf."

             But Kenneth Brabo, who is Stanley's best friend and was present
 during the fight, painted a different picture of the man.

             He said yesterday that Andrews initiated the altercation and
 wouldn't let Stanley leave.

             Stanley "was defending himself and in doing so got the upper
 hand. Then (Andrews) freaked out because he was in a situation that was bad
 for him," said Brabo, who lives a few blocks away.

             Brabo said he and Stanley, who grew up in the neighborhood, had
 just left the nearby Flatiron restaurant and bar after eating snacks and
 drinking one beer apiece.

             They were on their way to the corner deli to get cigarettes
when
 they "had the call of nature," Rohrbacher said.

             Andrews' house, where he lives with his wife and two kids, sits
 where downtown meets the Gerstle Park neighborhood. Maple trees, aflame
with
 fall leaves, tower over the small turn-of-the-century Victorians that fetch
 $500, 000 or more.

             Despite its picturesque feel, the neighborhood has its share of
 problems, residents said.

             In fact, an 84-year-old woman was raped and robbed by a
 knife-wielding man just a block from Andrews' home in April.

             Stanley said her husband and Brabo are good friends with the
 woman's grandson.

             "These are young men who were raised in this area and take an
 active role in the community," said Stanley, who has a 6-year-old son with
 her husband.

             Stanley, who has installed and finished hardwood floors for 16
 years, won't be able to return to work for six to eight weeks, said his
 wife, who is asking the district attorney to press charges.

             "I hope he gets prosecuted to the full extent of the law," said
 Stanley. "If the tables were turned, my husband would be in jail right
now."

             Many blame the neighborhood's troubles on the nearby 7-Eleven,
 which attracts late-night visitors, and the St. Vincent de Paul Dining
Room,
 which opened in 1998 amid controversy and serves about 300 transients in
the
 area.

             Neighbor Pat Fitzsimmons said Andrews was diligent in trying to
 maintain order in the neighborhood. He and Andrews used to call police with
 the license numbers of suspected drug dealers, he said.

             "Because of his affiliation with law enforcement, it's hard for
 him to look the other way when he sees a crime being committed,"
Fitzsimmons
 said.

             Many neighbors said they've dealt with people sleeping in their
 yards and on their porches. On some occasions, they have come home to find
 people drinking on their front steps or urinating on the sidewalk.

             "I've walked out at 5 a.m. and I see a guy sleeping on my
 porch," said Mitchell Shandley, who lives next door to Andrews. "That
 happens all the time."

             Shandley said he was shocked to hear about the stabbing. But he
 said it's not the first time Andrews has had a physical encounter outside
 his home.

             About eight years ago, a man who was drinking in front of
 Andrews' house threw a beer bottle into the yard, he said. The man refused
 Andrews' request to pick up the can and then punched Andrews once in the
 face, said Shandley.

             Shandley said Andrews would also call the police to report many
 of the homeless people who camped in their cars on his street, but it
didn't
 always produce an effect.

             "The police do respond, but they don't do much about it,"
 Shandley said.

             E-mail the writers at rkim@sfchronicle.com. and
 sherel@sfchronicle.com.

2001 San Francisco Chronicle   Page A - 21