A man charged with an attack on San Francisco Mayor Daniel Lurie’s bodyguard has been released – after a judge decided it was the security detail who instigated the confrontation.

Judge Sylvia Husing said that Tony Phillips, a 44-year old homeless man, was “violently attacked” by Lurie’s police bodyguard — after viewing a viral video showing the officer, Joel Aguayo, shoving Phillips into a pile of trash with the mayor beside him.

Phillips’ attorney, Ivan Rodriguez, blamed Lurie for the violent scuffle, which left Aguayo bleeding from the head after he was bodyslammed by Phillips.

Phillips spoke to reporters after he was released from jail on Thursday morning.

“I’m doing better out of jail. I was sweating,” he said. “I know what’s running in my mind. My thoughts are clear, at least.”

Phillips was charged with felony resisting an officer, assaulting a peace officer with force likely to cause great bodily injury, and violating a court-ordered stay-away order. He pleaded not guilty in court and will next appear on April 15.

Abraham Simon — who allegedly tried to stop a second officer from assisting Aguayo — was charged with resisting, delaying, and obstructing a peace officer.

“The mayor lured his security detail into engaging in this senseless altercation, all for political theatrics, your honor,” Rodriguez said in the courtroom, per Mission Local.

“I don’t think that’s leadership — I think that’s performative,” he said.

A police reported obtained by the San Francisco Standard stated that Lurie ordered his security detail to stop near Cedar Street, an alleyway near the troubled Tenderloin district.

Lurie “hopped out” of the SUV and confronted a group of homeless people sitting on the sidewalk, asking them to move.

“On whose behalf do I need to move?” asked Phillips, who became “argumentative.”

“I’ll Bruce Lee kick your ass,” he told Aguayo, per the report.

Aguayo suffered cuts to the back of his ahead, bruising to his face and a back injury.
Lurie appeared to respond to the incident in an Instagram video.

“I’m walking the streets of San Francisco every day because I believe you can’t solve what you can’t see,” he said.

“I will continue talking to our families, small businesses owners, and residents and staying laser focused on public safety and transforming our approach to homelessness and the behavioral health crisis.”

After Aguayo shoved Phillips, according to surveillance video of the incident, the two wrestled before the officer was slammed to the ground.

Lurie is seen with his hands in pockets, watching the tussle, before walking off to alert a second security officer that Aguayo needed backup.

Phillips had been previously ordered to not loiter in the area, but Husing called the stay-away order vague. while voicing some concern abut.

Phillips was arrested on suspicion of murder in 2019 after a stabbing incident, but did not face charges due to lack of evidence.

“The case is proceeding. I’m going to let it play out,” Lurie said Wednesday at a San Francisco police ceremony.

“I’m going to continue to focus on public safety—that’s always going to be my number one priority, and I will continue to lead in that way.”