Prosecutors move case to court that will hear murder charges

If at first you don’t succeed, charge, charge again.

San Francisco prosecutors managed to salvage a Tenderloin murder case by sending their case to another judge.

Following a preliminary trial in May, San Francisco Superior Court Judge Jerome Benson ordered a man accused of fatally stabbing another man in the Tenderloin to stand trial for manslaughter and not murder.

Patrick Sullivan, 46, allegedly stabbed 40-year-old William Quinn inside the Cadillac Market at 499 Eddy St. on Nov. 30, 2009.

Sullivan’s defense claims the death came as a result of self-defense, or at least mutual combat. The two men had gotten into an argument and Sullivan claims Quinn was trying to rob him.

Benson apparently agreed with Deputy Public Defender Kwixuan Maloof and said the man should be tried on the lesser charge. But prosecutors didn’t like that decision and re-filed the charges so that another judge could take a look at the case.

“They have that right,” Maloof said. “That’s their way of challenging the judge.”

So, then it landed in Judge Carol Yaggy’s courtroom. Yaggy found that Sullivan did indeed use malice in stabbing the man, a requirement for a murder charge, and decided to let a jury make the call.

Opening statements began Thursday, and yet another judge is involved, none other than former District 11 supervisor, Judge Gerardo Sandoval.

Follow the San Francisco Examiner’s crime blog, Law & Disorder, on Twitter @sflawdisorder.

Bay Area NewsCrimeCrime & CourtsLaw and Disorder

Just Posted

A large crack winds its way up a sidewalk along China Basin Street in Mission Bay on Friday, Sept. 24, 2021. (Kevin N. Hume/The Examiner)
San Francisco’s sinking sidewalks: Is climate change to blame?

‘In the last couple months, it’s been a noticeable change’

For years, Facebook employees have identified serious harms and proposed potential fixes. CEO Mark Zuckerberg and COO Sheryl Sandberg have rejected the remedies, causing whisteblowers to multiple. (Eric Thayer/The New York Times)
Facebook’s problems at the top: Social media giant is not listening to whistleblowers

Whistleblowers multiply, but Zuckerberg and Sandberg don’t heed their warnings

Maria Jimenez swabs her 7-year-old daughter Glendy Perez for a COVID-19 test at Canal Alliance in San Rafael on Sept. 25. (Penni Gladstone/CalMatters)
Rapid COVID-19 tests in short supply in California

‘The U.S. gets a D- when it comes to testing’

Niners quarterback Jimmy Garoppolo led a late-game comeback against the Packers, but San Francisco lost, 30-28, on a late field goal. (Courtesy of San Francisco 49ers)
The Packers beat the Niners in a heartbreaker: Don’t panic

San Francisco is no better and no worse than you thought they were.

A new ruling will thwart the growth of solar installation companies like Luminalt, which was founded in an Outer Sunset garage and is majority woman owned. (Philip Cheung, New York Times)
A threat to California’s solar future and diverse employment pathways

A new ruling creates barriers to entering the clean energy workforce

Most Read