A scheduled preliminary hearing for the man charged with felonies in the case of a brutal beating outside the Castro Theatre didn’t happen May 23. Instead, Victor Barrios will be seeking mental health diversion, and the matter will be taken up again July 23.
In Department 20 at San Francisco’s Hall of Justice, 850 Bryant Street, San Francisco Superior Court Judge Patrick Thompson said it was “unconventional” the case had been scheduled for a preliminary hearing so soon.
“How did that happen?” he asked.
Deputy Public Defender Aaron Pressman, representing Barrios, didn’t recall. Thompson said there’d been a “vocal argument that it needed to be set today” during a prior hearing, but neither he nor the assistant district attorney could remember who’d insisted and why.
Nevertheless, Pressman said that because his client was now considering mental health diversion, they needed more time. Barrios, 34, waived his right to a preliminary hearing by June 2, and the deadline was extended to August 25.
“I will order an assessment, but because he’s out of custody, the court doesn’t take steps to implement that,” Thompson said. Rather, Barrios will have to explore his own assessment and treatment options. Assistant District Attorney John Robles did not object. Thompson excused any witnesses who’d been present to testify at the preliminary hearing and took up the next matter.
As the B.A.R. previously reported, the beating of a Mix doorman outside the iconic theater March 9 shocked the community, and was one of several incidents that led Mayor Daniel Lurie and outgoing Police Chief William Scott to beef up SFPD presence in the longtime LGBTQ neighborhood.
Barrios posted bail shortly after his arrest.
The incident may have been sparked after the victim, identified as Tony on a GoFundMe campaign, bounced three people from the Mix earlier in the day. The GoFundMe has raised about $26,000 as of Friday. Tony doesn’t have health insurance, the fundraising page stated, and faces extensive medical bills.
"This unprovoked act of violence left him with severe injuries, including several skull fractures, requiring immediate hospitalization, emergency medical care, and ongoing treatment from specialists," the GoFundMe states. "Tony is a kind and caring person who did not deserve this horrific attack. As he navigates this painful and uncertain time, we want to rally around him and ensure that he doesn't have to bear this financial hardship alone."
Asked for comment, Randy Quezada, a spokesperson for the DA’s office, stated to the B.A.R., “Mr. Barrios’ case is pending. His preliminary hearing scheduled for today was continued. His next court date is July 23, 2025, to set a date for the preliminary hearing in this matter. The court also ordered a mental health assessment for Mr. Barrios.”
A DA spokesperson said that prosecutors cannot object to the ordering of an assessment by the court. An objection may be made to a motion for diversion after the assessment.
District 8 public safety liaison Dave Burke, a straight ally, said the court delay was not unusual. “It’s a pretty common thing. The defense can ask for a mental health evaluation of any defendant. It’s not an unusual thing,” he said.
Burke wanted to assure that, “I can’t speak to what their [the defense’s] strategy of state of mind is, but the legal process can be slow, it can be frustrating, continuances can be granted, but the DA is pursuing this case.”
Updated, 5/23/25: This article has been updated with comments from the DA's office.
