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UPDATE: No charges filed against transgender activist arrested in domestic violence case

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Supporters rally outside the Hall of Justice Monday morning before delivering a petition to District Attorney George Gascon calling for the release of Davia Spain, a 23-year-old prominent member of the Bay Area LGBT community, who was arrested on suspicion of domestic violence over the weekend. (Michael Barba/S.F. Examiner)

UPDATE 1:30 P.M.:

Prosecutors declined to file charges Monday against a transgender activist arrested on suspicion of domestic violence after her supporters rallied outside the Hall of Justice.

Davia Spain, a 23-year-old performer and filmmaker, was arrested on suspicion of domestic violence, burglary and battery early Friday during a domestic dispute in San Francisco. Supporters say Spain was wrongly arrested while confronting her sexual abuser and acted in self-defense.

Authorities said Spain was involved in a physical altercation over an alleged rape where both she and the other person suffered redness.

“We make charging decisions based on the facts and the law,” said Alex Bastian, a spokesperson for District Attorney George Gascon. “This case will not be charged.”

On Monday morning, more than 100 supporters rallied outside the Hall of Justice before delivering a petition to Gascon calling for Spain’s release “due to the lack of evidence and based on systemic prejudice.”

“We know that these charges do not have merit,” an online version of the petition reads. “We know that Ms. Spain is not a danger to society, and we know that she is unsafe inside SF County Jail.”

Demonstrators at the Hall of Justice declined to comment on the case.

Public Defender Jeff Adachi, whose office is representing Spain, said Spain was not “the attacker or aggressor” in the altercation.

“We’re confident that Davia acted in self-defense and is innocent of these charges,” Adachi said. “This was a situation where the encounter occurred and she was forced to defend herself.”

Spain will soon be released from County Jail, where she was being held in lieu of $153,000 bail on suspicion of battery, burglary and domestic violence.

Editor’s note: This story has been updated with additional information.

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