After more than seven days of deliberations following a three-week trial, a San Diego jury Friday convicted two Los Angeles-area men of riot conspiracy in the first-ever prosecution alleging criminal conspiracy by antifa.
The jury also convicted one of the defendants, Brian Cortez Lightfoot, 27, of five additional counts of using tear gas not in self-defense, but ended up hanging on nine counts of assault. The judge declared a mistrial on these charges. The jury acquitted Lightfoot and his co-defendant, Jeremy Jonathan White, 41, of an additional count of assault.
Prosecutors alleged that Lightfoot and White were self-described anti-fascists who showed up ready to attack their political enemies during a Jan. 9, 2021, “Patriot March” in Pacific Beach organized by supporters of then-outgoing president, Donald Trump. Defense attorneys told jurors their clients were there to counterprotest the march — which took place just three days after Trump supporters stormed the U.S. Capitol — and that any violence that they could have participated was in self-defense against provocateurs and armed party members. pro-Trump group.
Experts said it was the first nationwide case in which prosecutors alleged a conspiracy by members of Antifa, which is generally considered a decentralized, leaderless ideology rather than a structured group.
Due to the nature of conspiracy cases, in which defendants can be held responsible for the actions of their co-conspirators, prosecutors presented the jury with a body of evidence alleging 11 separate incidents of violence committed by counterprotesters dressed in black and dressed the same. day at Pacific Beach. White and Lightfoot were only charged with actually participating in some of the violent incidents — and White was acquitted of the only underlying assault charge he faced, which involved allegedly pointing fingers a man whom others had then attacked.
“Basically … what he was convicted of was what he wore, which is problematic for the First Amendment,” Curtis Briggs, White’s San Francisco-based attorney, told reporters in the courtroom Friday. “Mr. White will certainly appeal post-conviction, and I think this is an incredible area of appeal that involves the First Amendment.
This incident during a “Patriot March” on January 9, 2021 in Pacific Beach is an incident that prosecutors have identified as a criminal assault perpetrated by antifa.
(Nelvin C. Cepeda/The San Diego Union-Tribune)
Neither man reacted when the verdicts were read. White faces up to two years in prison and Lightfoot faces a maximum sentence of five years and four months in prison.
Nine co-defendants in this case had previously pleaded guilty to various charges. Some were sentenced to prison. Others will be sentenced later this year, along with White and Lightfoot.
“We would like to thank the jury for their service and for returning their just guilty verdicts on the two remaining defendants in the Antifa conspiracy case,” prosecutor Summer Stephan told the Union-Tribune in a statement. “This was a complex case with 11 defendants charged and now all found guilty – nine by guilty plea and two by jury verdict. The DA’s team has worked tirelessly on this case to ensure the safety of our community and upholding the rule of law.
John Hamasaki, Lightfoot’s San Francisco-based attorney, said the government has devoted an excessive amount of resources to the case, given its nature.
“The prosecutor probably spent the most resources I’ve ever seen him spend on a case – murders, multiple murders, gang murders – I’ve never seen a prosecutor’s office spend that many resources on a single case , and I think we have to look at the political circumstances surrounding it,” Hamasaki said Friday after the verdicts were announced.
During closing arguments on April 23, Hamasaki and Briggs both claimed the prosecution was biased against left-wing activists whom police and prosecutors view as “their ideological adversary.”
Briggs argued that his client showed up in Pacific Beach as a doctor and “did not hit, kick or fight anyone.” He said White showed up to exercise his First Amendment rights and to protect fellow anti-fascist protesters.
Jeremy Jonathan White, 41, faces one count each of conspiracy to riot and assault.
(Pool photo by Ken Stone/Times of San Diego)
The lawyer showed the jury video footage from a police helicopter accompanied by radio conversations between police officers at the time. In the video, police repeatedly say that the Proud Boys, whom they describe as “very anti-police,” “hijacked” the Patriot March.
The Southern Poverty Law Center has designated the Proud Boys a hate group, and the Anti-Defamation League has designated them a far-right group.
“It’s great context when you’re trying to understand how scared Mr. Lightfoot would have been, how scared Mr. White would have been – it all depends on their state of mind and their actions that day.” , Briggs told jurors. “You should ask why the prosecution didn’t tell you about this.”
During her rebuttal, Assistant Prosecutor Mackenzie Harvey told the jury that the police discussion about the Proud Boys occurred “long, long after the day of the violence” allegedly carried out by the antifa group.
“This video…introduced into the trial the term ‘the Proud Boys,'” Harvey told jurors. “This has given the defense an opportunity to try to convince you that there is other evidence, something else that you should consider, directly contrary to the court’s instructions…The defense is trying to playing on your emotions about a group, maybe you’ve heard about it at other times and places They want to insert that into this case, inappropriately.
Pro-Trump supporters, one waving a “Stop the Steal” flag, stand along Mission Boulevard in the early evening during the “Patriot March” event, Jan. 9, 2021, in Pacific Beach.
(Nelvin C. Cepeda/The San Diego Union-Tribune)
While Briggs spent most of his closing arguments presenting evidence that he said showed his client was not guilty, he repeatedly returned to questions about what police and prosecutors did not have. shown to the jury about people on the other side of the violence that day — including at least five who participated in the storming of the Capitol three days earlier. He also argued that police and prosecutors had every reason to want to target White, who Briggs said had advocated in the past for justice reform and taking power away from prosecutors and police .
Harvey countered that trials are about facts and evidence, not the feelings of assistant prosecutors or law enforcement officers.
San Diego Superior Court Judge Daniel Goldstein warned the parties before trial against personal attacks on each other and urged all parties to settle the case based on its political implications.
In November, Briggs argued that Stephan and his office should be disqualified from trying the case, alleging that they were politically biased against antifascists and had demonstrated a pattern of not prosecuting members. of right-wing groups who had committed violence during rallies and political demonstrations. . His argument focused, in part, on Stephan’s controversial 2018 campaign website. It featured a menacing image of antifa protesters behind a superimposed photo of George Soros, the billionaire liberal activist who is often vilified in conservative circles and who had donated money to a super PAC supporting Stephan’s opponent.
A screenshot from menacetosandiego.com, a 2018 campaign website for Attorney Summer Stephan, shows billionaire liberal activist George Soros superimposed on images of antifa protesters dressed in black. Soros had donated money to a super PAC supporting Stephan’s opponent.
(Courtesy of San Diego Superior Court Filing)
Goldstein denied the motion to disqualify, ruling that no conflict of interest existed, but warned that the political aspect of the case could derail the trial.
“Both sides want to bring this into the political realm,” Goldstein said at the November hearing.
Hamasaki admitted to the jury during closing arguments that some of the videos they saw were “really bad” and that misconduct occurred that day in Pacific Beach. “But that doesn’t mean Brian should be held responsible for the actions of others,” he told jurors. “Brian should be held accountable for what he did.”
Brian Cortez Lightfoot, 27, faces charges of conspiracy to riot, assault and use of bear spray.
(Ken Stone/Times of San Diego via Pool)
Hamasaki said outside court Friday that there was “problematic evidence” for his client, but he believed it was a fair verdict based on the evidence.
“In the end, they didn’t get a guilty verdict on nine counts, so it’s a huge victory for the defense,” Hamasaki said. He hopes Goldstein will sentence Lightfoot to probation rather than custodial time.
During closing arguments, Harvey, the prosecutor, accused the defendants of lying when they took the stand, telling the jury they could ignore all of their testimony because of it. As for the political implications of the case, she told the jury that ideology didn’t matter, even if some of the victims weren’t the most sympathetic.
“In the end, so what? What if someone had swastika tattoos on their face? Harvey asked the jurors. “Incredibly offensive to probably everyone in this room? Absolutely. But what happened to the law? … Regardless, everyone is entitled to equal protection of the law, regardless of their beliefs.”
Goldstein set a June 28 sentencing hearing for White, Lightfoot and their co-defendants who have pleaded guilty but have not yet been sentenced.
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