Fired police officer faces new charge in Petaluma gun incident

A new charge was added to the criminal case Friday against a former policeman who pulled out a handgun during an off-duty, New Years Eve fracas with two men at a Petaluma restaurant.

But former San Rafael Officer Michael Augustus still faces only misdemeanors, instead of the felonies with which he was originally charged.

A Sonoma County Judge converted two counts of felony assault with a firearm to misdemeanors after a preliminary hearing in Augustus' case earlier this month. Judge Dana Beernink Simonds also dismissed a third charge of making criminal threats.

Prosecutors on Friday filed an additional misdemeanor charge against August for brandishing a weapon.

Each misdemeanor could earn him up to one year in county jail, or a total of three years, Deputy District Attorney Tashawn Sanders said.

Augustus, since fired from his job with the San Rafael Police Department, was at the Kabuki Restaurant and Sushi Bar on New Year's Eve when he approached another table, smacked a man there on the shoulder, leaned into him and shouted an expletive, according to court testimony.

When the two men followed him outside, he pulled a pistol from his waistband and pointed it at them, they testified.

Augustus was scheduled to return to court Friday.