SAN DIEGO—Eight of 11 people indicted in connection with a 2021 San Diego Pacific Beach “counterprotest” that turned violent received sentences on June 28 ranging from six months to two years in prison.
The defendants, described by prosecutors as self-identified anti-fascists, were charged with orchestrating a series of violent attacks on attendees of the Jan. 9, 2021, pro-Trump “Patriot March.”
The violence erupted three days after the Jan. 6 breach of the U.S. Capitol during a period of “tremendous upheaval in our country,” San Diego Superior Court Judge Daniel Goldstein noted at the sentencing hearing.
Prosecutors from the San Diego County District Attorney’s Office argued that the defendants converged on San Diego under the banner of Antifa with plans to attack conservative Patriot March attendees, and while clad in tactical gear proceeded to pepper spray, beat, throw objects at, and use Tasers on various people.
“In January of 2021, Antifa supporters posted on social media calling for ‘counterprotesting’ and direct action in response to a scheduled political demonstration in Pacific Beach.” prosecutors said. “The defendants and other uncharged co-conspirators confirmed their support and participation by showing up in Pacific Beach dressed in black clothing and armed with weapons and protective gear.”
The case was believed to be the first criminal conspiracy prosecution in the country against members of Antifa.
Judge Goldstein said he was previously uncertain whether prosecutors could show that Antifa exists in any organized form—which has been disputed—but at the sentencing hearing he said that after seeing the evidence in the case, “I don’t have any question that this organization exists.”
The District Attorney’s Office said that of the 11 defendants, nine entered guilty pleas and two were convicted by a jury.
Three of the defendants were sentenced before June 28.
Several defense attorneys said at the June 28 sentencing hearing that their clients were remorseful and had changed considerably in the more than three years since the protest. Many of the attorneys told Judge Goldstein their clients had cut ties with those they previously associated with in political spheres, and argued that they took part in the Jan. 9 activities out of a need to belong or feel like part of a greater cause.
Attorneys for the two men who went to trial argued previously that their clients reacted in self defense to threats of violence from armed members of the protest.
But Judge Goldstein said the violence was one-sided.
“At the very core of this case, 11 Antifa members sought through the use of violence to crush the First Amendment rights of others who had assembled peacefully,” the judge said.
“I don’t doubt for any minute that the Trump supporters were offensive to the defendants or others in Pacific Beach that day, but that’s the nature of political speech. It does not mean individuals can’t assemble, congregate, and protest. ... You cannot use force to oppress another’s speech. Our nation has continually supported speech at the cost of hurt feelings and offensive words.”
The District Attorney’s Office said in a June 28 press release, “The grand jury indictment noted that the defendants were all affiliated with Antifa. A group of the defendants were based in the Los Angeles area and the remaining defendants were from San Diego County.”
In the statement, San Diego County District Attorney Summer Stephan said, “From the start this prosecution has been about holding individuals accountable for conspiring to bring violence to our community, something we won’t tolerate.”
