Man Ordered to Stand Trial for Murder

March 17, 2011

ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167


SAN FRANCISCO, CA – San Francisco District Attorney George Gascón announced today that Dustin Tolboe (DOB 11/8/1987, CN 10037653) was held to answer on a second degree murder charge for the death of Donald Tanksley.

“The evidence in this case, developed by the hard work of the San Francisco Police Department and Assistant District Attorney Scot Clark, shows the defendant should stand trial for murder,” said District Attorney George Gascón. “We look forward to presenting this case to a jury.”

According to court documents, on December 25, 2010, the defendant struck the victim with a skateboard in the Haight neighborhood. The defendant was arrested that day and charged with assault likely to produce great bodily injury and battery. The victim suffered a fractured skull and was taken to San Francisco General Hospital. On December 29, 2010, the victim passed away as a result of his injuries. On January 4, 2011, the Medical Examiner classified the case as a homicide. On January 5, 2011, the District Attorney’s Office filed an amended complaint charging the defendant with murder.

The holding order was handed down on March 16, 2011 by the Honorable John Allen in Department 24 of San Francisco Superior Court following a preliminary hearing. The defendant was held to answer on one count of second degree murder. The defendant’s next court appearance is scheduled for Wednesday, March 30, 2011 in Department 22 of San Francisco Superior Court, where he will be arraigned on the information and the case will be set for trial.

The maximum statutory penalty for murder in violation of California Penal Code Section 187 is 15 years to life in prison. The arrest of defendant Tolboe is the result of the investigation by San Francisco Police Department Inspectors Greg Kane and Michael Morley. Scot Clark is the Assistant District Attorney prosecuting the case. Jean Hassett is the victim witness advocate.