Ventura County Sheriff’s Office Says Paul Kessler Investigation Remains Ongoing

The Ventura County Sheriff’s Office issued an update on the investigation into Paul Kessler’s death on Thursday, saying that the investigation remains ongoing and asked the public to send any definitive video evidence of the altercation that took place on November 5.

Kessler, 69, died after an altercation with a pro-Palestinian protester on November 5; Kessler was among the pro-Israel counterprotesters and had been holding an Israeli flag. On Tuesday, the sheriff’s office held a press conference stating that Kessler had suffered nonlethal injuries to his face and a lethal injury to the back of his head that are consistent with a fall and that the medical examiner concluded that Kessler’s death was a homicide. The sheriff’s office explained in their Thursday update that even though the medical examiner’s office ruled Kessler’s death to be a homicide, that “does not translate to a prosecutable murder or manslaughter (gross, voluntary, or involuntary) case, rather it establishes that Mr. Kessler’s death was not from natural causes, suicide, or unknown. His death being ruled a homicide simply means his death was caused at the hands of another. This determination, in and of itself, does not provide sufficient evidence to establish probable cause for an immediate arrest of a suspect.”

The sheriff’s office added: “Our investigators are working around the clock to track down leads, scrutinize electronic data, and corroborate witness statements.  For those who have been tracking this case in the news, and on social media, you are aware there are photos and videos prior to and following the incident. Currently, we do not have any footage of the actual incident taking place, which would be extremely helpful in this case and would undoubtedly show or could even refute criminal culpability.”

Any arrest requires probable cause as stated in the Fourth Amendment of the Constitution, the sheriff’s office statement read. “This case involves eyewitnesses who were present at the scene; however, many witness statements conflict with one another,” the sheriff’s office said. “Conflicting statements from multiple witnesses can make it difficult to prove a case beyond a reasonable doubt. Witnesses with conflicting statements impair witness credibility, create reasonable doubt, cause unreliable testimony, and strain a prosecutor’s ability to prove a case.”

The sheriff’s office assured the public that, at this time, there are no credible threats against the community, but they have increased security at places of worship as a precautionary measure. Regarding protests, the sheriff’s office said that their presence will be “measured and proportionate,” arguing that sometimes law enforcement presence at protests “can antagonize the situation and create unnecessary conflict. Therefore, we must navigate through this with extreme caution and evaluate on a case-by-case basis.”

The sheriff’s office concluded their update by asking the public for help on the investigation, and provided both a phone to number to call and a link for someone to provide a tip anonymously.

In the Tuesday press conference, Sheriff Jim Fryhoff said that a suspect has been identified, a 50-year-old Moorpark resident. The suspect was detained when law enforcement raided his home, but was later released.

Jewish Federation of Greater Los Angeles President and CEO Noah Farkas told The Forward that the Federation has heard from multiple people that Kessler was hit in the head with a megaphone. Jonathan Oswaks, a witness to the altercation, said in a Tuesday press conference that, from across the street, he saw “a punch” and that he knew it was a punch because he saw a “white megaphone flying through the air.” Because a crowd of people immediately gathered around, Oswaks did not know until afterward that Kessler was the person who was taken to the hospital.

Fryhoff said during the Tuesday press conference that the sheriff’s office has not yet confirmed allegations that Kessler was hit in the head with a megaphone, but acknowledged that such a scenario is possible.