A man who was injured by a gunshot wound during an encounter with San Francisco police officers earlier this month didn't fire a single shot, his attorney argues, and police are trying to save face.

SFist reported on the March 8 incident in which an Outer Sunset man was said to have shot at a police drone, and/or at SFPD officers, on the 1200 block of 41st Avenue. The police claimed that the man had fired at least one shot before he was injured by a shot to the arm, and they could not say for certain if they fired the injurious shot, or if he was shot with his own gun.

Mission Local follows up on the story today, after the suspect, 46-year-old Dmitri Hochstatter, has been charged with five felonies and one misdemeanor: assault with a semiautomatic firearm, discharging a firearm with gross negligence, two counts of child endangerment, attempted vandalism, and exhibiting a firearm.

The SFPD had its virtual town hall event on the incident, sharing relevant video footage, on March 18, and you can watch that below.


Hochstatter's defense attorney Neil Hallinan tells Mission Local that "there is substantial evidence" now to suggest that Hockstatter was shot by police bullet, and that he never discharged his own weapon.

According to Hochstatter's wife, he was in the midst of a mental health crisis, and was not aware that police officers were watching him via drone, and via a neighboring property, as he walked in his backyard holding a loaded handgun. He appears intoxicated in the video — his wife confirmed that he had been drinking — and he can be seen looking up at the drone flying over him and pointing his gun toward it.

You can then see a piece of the fence he's standing behind explode, before Hochstatter falls to the ground, suggesting that a bullet shot from elsewhere had hit the fence and perhaps him.

Hallinan further points out that Hochstatter was shot in the same arm that he was using to hold his own gun, and that police never swabbed his hands for gunpowder residue.

Police were called to the scene by a neighbor, who called 911 to say that Hochstatter had been waving his gun around, and had waved it in front of their children.

Charging documents suggest that a person, possibly a neighbor, named Kalpesh Tandel, was assaulted, possibly by the gun, and that Hochstatter fired his gun, in addition to damaging the police drone.

Hochstatter remains in custody, after being treated for the injury to his arm.

Previously: SFPD Shoots Outer Sunset Man Who Fired Gun And Aimed At Officers, Police Drone