A San Francisco firefighter who fled the scene of an October fight at Original Joe’s and was subsequently charged with assault has a history of unaddressed violence within the department, a May 14 court filing says.

Firefighter Eigil Qwist allegedly assaulted Marin County sheriff’s deputy David Gallegioni at Original Joe’s North Beach location, according to an arrest warrant. 

Gallegioni filed a civil lawsuit this year seeking damages from Qwist, Deputy Fire Chief Patrick Rabbitt, and Original Joe’s. The new filing claims the city is also culpable, which would result in a much higher settlement if the case does not go to trial.

According to the suit, the incident occurred Oct. 12, when Gallegioni confronted Qwist and his boss, Rabbitt, claiming one of them touched his daughter’s butt. After a scuffle was broken up by security, Qwist and Rabbitt left the restaurant. 

Minutes later, police say, Qwist returned and struck Gallegioni in the back of the head before fleeing the scene. Police eventually identified Qwist, and he was charged months later with misdemeanor assault and battery. In May, a judge ruled that Qwist’s case would be dismissed if he paid $2,000 restitution and remained out of trouble for more than a month. 

• A firefighter attacked a sheriff in Original Joe’s. He’s getting a slap on the wrist

The new claims about Qwist’s past raise questions about why Rabbitt, the SFFD’s second in command, failed to notify the department about Qwist’s alleged misconduct and why a firefighter with a history of violence has evaded punishment. According to the suit, Qwist has not been suspended or faced formal discipline in relation to the case. 

“He had a known and documented history of violent and abusive conduct within the SFFD including prior physical altercations with co-workers and formal and informal disciplinary action,” the new filing states, adding that instead of being disciplined, Qwist was transfered. “Neither Qwist nor Rabbitt reported the incident to SFFD supervision.”

The filing claims that Rabbitt, who oversees discipline at the SFFD, should have stopped the fight because he “was aware of patterns of misconduct by subordinate personnel; and that his failure to intervene or de-escalate on October 12, 2025, constituted ratification and implicit authorization of Qwist’s conduct.”

An SFFD spokesperson said the department does not comment on ongoing litigation. The city attorney is investigating the incident (opens in new tab). 

Have thoughts on this story?

Neither Qwist nor Rabbitt responded to requests for comment. 

The filing claims that the city should be a defendant in the suit, as Qwist and Rabbitt were acting in official capacities at the Columbus Day Parade. Their boss, SFFD Chief Dean Crispen, was present at the parade outside of Original Joe’s. 

In 2016, Qwist was charged by Marin County prosecutors with a DUI and carrying a loaded gun in public. In that case, he was granted diversion after taking DUI and anger management classes and performing 40 hours of community service. He was put on probation for three years.