A Multnomah County Circuit judge has dropped all felony riot charges against conservative activists Joey Gibson and Russell Schultz, who were accused of inciting a riot outside an Antifascist pub called "Cider Riot" in May 2019.
Judge Benjamin Souede dismissed the charges in court Tuesday morning, explaining that prosecutors failed to demonstrate that the defendants engaged in "tumultuous and violent conduct," a requirement for conviction on riot charges, according to The Post Millennial editor-at-large Andy Ngo.
In fact, Judge Souede seemed to be insulted that radical leftist Portland District Attorney Mike Schmidt and his prosecutors brought forth the charges in the first place.
"The state is trying to convict Mr. Schultz for being present at an incident that violence occurred, and they can not do so," Souede said, according to Willamette Week.
Breaking: The judge in the Cider Riot #antifa case in Portland has dismissed the felony cases against conservative activists Joey Gibson & Russell Schultz. Mike Schmidt's prosecutors failed to demonstrate they engaged in tumultuous & violent conduct with a group (felony rioting). pic.twitter.com/tILmrgrFL0
— Andy Ngô ???? (@MrAndyNgo) July 19, 2022
"I am somewhat bewildered that the state has driven this case to this point," Multnomah County Circuit Judge Benjamin Soude said.
After Judge Soude dropped the charges, Gibson told a reporter outside the courthouse that he was "thankful for the decision that the judge made."
"The judge seemed insulted that they even brought this in. We still have one person left...so it's important that he's found not guilty also," Gibson said.
Breaking: Conservative Japanese-American activist Joey Gibson (@PatriotPrayerUS) has given first comments after Judge B. Souede granted a motion to have his felony case dismissed during the trial. Prosecutors worked w/Antifa witnesses to prosecute Gibson.pic.twitter.com/WwP9CLB4tz
— Andy Ngô ???? (@MrAndyNgo) July 19, 2022
The judge has not yet dropped charges against the third defendant, Mackenzie Lewis. Prosecutors allege Lewis instigated a brawl against Rose City Antifa members outside the now-shuttered Cider Riot pub. A jury will now decide whether or not Lewis is found guilty on riot charges.
During the jury selection process, members of Portland Antifa suggested to their supporters that they should lie during jury selection, Ngo reported.
During the jury selection for the Cider Riot antifa case, Portland antifa accounts appear to suggest that their supporters should lie during jury selection. Antifa call themselves anti-state but they will work with the state to prosecute shared enemies. https://t.co/6gqQJm7qqX pic.twitter.com/UTVcH4f8LF
— Andy Ngô ???? (@MrAndyNgo) July 19, 2022
On May 1, 2019, also known as "May Day," where clashes typically break out among Antifa militants and conservative activists, defendants Gibson, Schultz, and Lewis, along with three other men, were arrested for "taunting and physically threatening" anti-fascists at the Cider Riot bar. They were then charged with felony riot.
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