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S.F. Officer Acquitted of 1 Count in Brawl Over Fajitas

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From Associated Press

A San Francisco police officer was acquitted Wednesday of one charge linked to his involvement in an off-duty fight over a bag of steak fajitas two years ago, but prosecutors said they planned to retry him after jurors deadlocked on another charge.

After nearly seven days of deliberations, the jury found Matthew Tonsing not guilty of felony battery and voted 8 to 4 in favor of acquittal on a charge of felony assault with a deadly weapon.

Jurors already had cleared Tonsing of one misdemeanor battery charge.

On Monday, the panel acquitted David Lee, one of three officers arrested in connection with the November 2002 street brawl.

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Debbie Mesloh, a spokeswoman for San Francisco County Dist. Atty. Kamala Harris, said prosecutors would keep trying to secure a conviction in the case, which gained national notoriety last year.

The third co-defendant, Alex Fagan Jr., the son of former Police Chief Alex Fagan, will be tried in Sacramento County Superior Court beginning Jan. 25.

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