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Man To Stand Trial In Fatal San Francisco Skateboard Attack

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(CBS)

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SAN FRANCISCO (BCN) – A Utah man on Wednesday was ordered to stand trial for allegedly beating a man to death with a skateboard in San Francisco’s Haight-Ashbury neighborhood on Christmas Day—a case his attorney has described as self-defense.

Dustin Tolboe, 23, was arrested hours after 60-year-old Donald Tanksley was found with a fractured skull in the 1400 block of Haight Street near Masonic Avenue at about 12:45 a.m. on Dec. 25, police and prosecutors said.

Tanksley, a San Francisco resident who had lived in a Twin Peaks public housing complex, died at a hospital four days later.

Tolboe, a resident of Thatcher, Utah, pleaded not guilty to the charges in January.

Police said that prior to the beating, Tanksley was arguing with a group of men, including Tolboe, who had been hanging out on Haight Street.

Tolboe’s attorney, Seth Meisels of the public defender’s office, has said Tolboe was defending himself in a scuffle that occurred after Tanksley tried to take a bag from one of the other men.

According to Meisels, Tanksley went after one of the men with a wooden cane that had a metal ball at the top.

Meisels said Tanksley missed and then swung at Tolboe, who blocked the blow with his skateboard and then struck back, hitting Tanksley once.

Tolboe then fell and hit his head on the sidewalk.

Meisels has described his client as a skateboarder who had been visiting San Francisco and was staying in the Haight-Ashbury neighborhood.

Tolboe was planning on attending the Dec. 30 “Further Festival” concert featuring surviving members of the Grateful Dead, according to Meisels.

After a two-day preliminary hearing that ended Wednesday, Tolboe was held over for trial. He will return to court on March 30.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

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