A judge ruled on May 15 that Moorpark resident Loay Alnaji, who faces charges of involuntary manslaughter and battery with serious bodily injury in the death of Jewish man Paul Kessler, will stand trial on the matter.
Alnaji, 51, was present at a pro-Palestinian rally in Thousand Oaks on Nov. 5 in which an altercation occurred, resulting in the 69-year-old Kessler, a pro-Israel counterprotester and Thousand Oaks resident, fell and hit the back of his head; Kessler later succumbed to his injuries. Alnaji, who was arrested nearly two weeks later, is accused of hitting Kessler in the head with a megaphone, which allegedly caused Kessler to fall. Special allegations of greater bodily injuries were added onto the manslaughter and battery charges. Alnaji has plead not guilty to all the charges and is currently out on $50,000 bail.
According to reports from the Thousand Oaks Acorn and Ventura County Star, the ruling came after preliminary hearings were held on May 14 and 15. Ventura County Sheriff’s Office Forensic Scientist Jeannine Aguirre testified that she found Kessler’s blood on the rim of the megaphone in question. Ventura County Assistant Chief Medical Examiner Othon Mena testified on May 15 that, in his opinion, abrasions on Kessler’s face were consistent with being struck with the megaphone’s rim and he believes that is ultimately what caused Kessler to fall. Mena is quoted in both the Acorn and the Star as saying that “being struck on the face caused him to fall” and that “there’s an event that occurs where he is struck in the head, and shortly after he falls. I cannot disconnect that event from having at minimum contributed to his falling.”
“There’s an event that occurs where he is struck in the head, and shortly after he falls. I cannot disconnect that event from having at minimum contributed to his falling.”- Ventura Co. Ass’t Chief Medical Examiner Othon Mena
Alnaji’s attorney, Ron Bamieh, argued in court that Alnaji swung the megaphone at Kessler in self-defense, claiming that Kessler shoved a phone in Alnaji’s face and was recording him, and that Alnaji swung the megaphone in an attempt to keep the phone away from him; a sheriff’s deputy testified that Alnaji had also told her that he swung the megaphone toward Kessler’s phone and that it’s possible he hit Kessler’s hand. Bamieh further claimed that Kessler fell as a result of a medical condition; Mena did acknowledge that Kessler did have a benign brain tumor that might have affected his balance, but was steadfast in his belief that it was being hit in the face with a megaphone that caused Kessler to fall. Police officers testified that they spoke with a couple of witnesses who claimed they saw Alnaji swing at Kessler before Kessler fell. By contrast, Bamieh contended that video evidence shows that Alnaji was far enough away from Kessler at the time of his fall to show that he did not cause the fall and it was more likely a medical condition did. He also claimed that most witnesses were “confused” as to what they saw take place, per the Star.
According to The Acorn and The Star, the prosecution presented video evidence from Kessler’s phone showing Kessler and nearby pro-Palestinian protesters yelling at each other and at the end, Alnaji can be seen with his megaphone facing toward Kessler.
Preliminary hearings have a lower burden of proof than the “beyond a reasonable doubt” standard for conviction. Prosecutors issued a statement on May 15 saying that they are not yet pursuing hate crime charges against Alnaji because they haven’t found evidence that Alnaji espoused antisemitic hate speech at the rally.
Alnaji will be arraigned on June 10 and faces up to four years in prison if convicted.
