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Filings in S.F. Police Case Are Changed

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From Associated Press

Prosecutors in the high-profile assault case involving three off-duty police officers withdrew three indictments Wednesday and filed a new set of modified charges.

San Francisco Dist. Atty. Terence Hallinan said the new charges will include assault with a deadly weapon and two alcohol-related counts -- public drunkenness and drunk driving.

Hallinan said he had to file a new complaint because he could not amend the original grand jury indictments, which implicated the rookie officers.

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The three men -- Alex Fagan Jr., Matt Tonsing and David Lee -- are accused of attacking two men outside a restaurant in November.

The case attracted widespread attention because Fagan is the son of acting Police Chief Alex Fagan Sr. -- and because the original indictments alleged a cover-up among the department’s top brass. A judge later dismissed those charges, citing lack of evidence.

The three defendants are scheduled to be arraigned today. Hallinan has requested a preliminary hearing within the next two weeks.

Jim Collins, attorney for Alex Fagan Jr., said Hallinan’s decision will help his client. “It’s a great win for us. We get to start over.”

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