Joshua McGriff, 40, now faces up to 24 years in state prison due to a prior conviction for mayhem in 2007 in which McGriff was found guilty of severely biting his then-girlfriend’s face during a domestic dispute, San Mateo County District Attorney Steve Wagstaffe said.
“This is the only case I can remember in San Mateo County that a defendant has been convicted of a second mayhem charge,” Wagstaffe said.
Mayhem differs from assault due to the injuries suffered, Wagstaffe said. Inflicting mayhem on a victim results in “loss of limb” or disfigurement.
Around 1:45 a.m. on June 10, 2013, McGriff, a crowd of patrons and the victim were standing outside the Underground Bar at 2650 Broadway St.
According to Deputy District Attorney Kecia Lind, the victim walked back inside the bar to use the bathroom or pay a bill, leaving his cigarettes and a lighter outside.
When he returned, his cigarettes were gone. The victim asked McGriff for a cigarette and recognized his missing lighter in the defendant’s hand, Lind said.
He confronted McGriff and a push-and-shove fight ensued, Lind said.
With a crowd of witnesses surrounding the fight, the victim had McGriff restrained in a bear hug and refused to let him go, Lind said.
McGriff — who was not injured in the scuffle — then bit off a “substantial portion” of the victim’s ear, Lind said.
As both the defense and prosecution had agreed to go to trial without a jury, Superior Court Judge Mark Forcum was tasked with reaching a verdict.
Forcum disagreed with the defense’s argument and said the amount of force used by McGriff in biting off the victim’s ear was clearly excessive and caused permanent disfigurement.
In finding the defendant guilty, Forcum called McGriff a “serious threat to society” and raised his bail from $75,000 to $200,000.
He is scheduled to be sentenced in Redwood City on April 2 at 9 a.m.