he San Francisco prosecutor who police say stabbed a man urinating on his fence was charged by Marin County authorities last year with committing battery on his daughter, court documents show.
Assistant District Attorney Floyd Andrews entered a two-year diversion program Dec. 15, 2000, and is undergoing psychological counseling to deal with "anger issues," the court records show in People v Andrews, 116359A.
Andrews, 45, was also charged with inflicting "cruel and inhuman corporal punishment" on his daughter. That charge was dismissed and the battery charge was held in abeyance pending the diversion. He has not entered a plea to either count.
Kenneth Quigley, Andrews' attorney who defended him in the incident with his daughter, said the issue is a family matter.
"It was his 15-year-old daughter acting out," Quigley said, who remains Andrews' defense attorney in the stabbing matter. "The daughter was getting out of hand. He pushed her once."
On Friday, Andrews was involved in an altercation in front of his San Rafael house that led to the stabbing of Martin Stanley, 37.
San Rafael police said they are investigating the incident. Martin suffered severe abdominal injuries; Andrews has a broken nose and facial contusions.
Marin County Assistant District Attorney Edward Berberian has declined to discuss the current matter or Andrews' earlier arrest and diversion.
"I'm not going to make any comment on that," he said, adding that the DA's office may decide what charges, if any, will be brought in the stabbing case either late this week or early next.
In a tangential matter, Kenneth Brabo -- a friend of Stanley's who was with Brabo when the altercation occurred and told police he saw Andrews precipitate the punch-throwing melee -- is named in a San Francisco Superior Court bench warrant issued Sept. 14, 1999, according to court documents.
Brabo was charged on July 1, 1996, with possession of a narcotics/controlled substance charge. He pleaded not guilty, but the case has not been resolved.
His failure to appear on Sept. 14, 1999, in Department 9 prompted the judge to set bail of $5,000.
Brabo's attorney, Dallas Brock, was asked by a reporter about that case and said he didn't remember it.
In another tangential matter, according to State Bar records Brock has resigned from the practice of law "with charges pending."
Quigley said that Andrews agreed to the diversion program "to save his daughter from having to go through the court process."
The lawyer said Andrews' daughter went to school, where officials noticed she had a black eye.
"She initially said he slapped her with an open hand," Quigley said, but later changed her story to one where she alleged her father pushed her.
"She will confirm that," the defense attorney said. "Floyd's position is that it happened and I took my medicine."
Quigley said the police report on the incident included several statements about the daughter's injury that "were not true."
"He did not injure her in any way," the lawyer said.
It is unclear how Andrews' previous case will play in the Marin DA's office decision to charge or not to charge him.
Fred Gardner, the San Francisco district attorney's office spokesman, said "we're still awaiting the Marin charging decision, and we're not going to comment at this time."
Defense attorneys said that he faces the original child abuse charges for failing to complete his diversion. Or, those charges could be added to the current matter if prosecutors choose to pursue a case against him in the stabbing.
Three defense attorneys who practice in Marin courts said that if Andrews is charged, his case most likely will go to trial.
"It's absolutely a defensible case," said criminal defense attorney Douglas Horngrad. "It absolutely will go to trial."
