PORTLAND, Ore, (KOIN) – Joey Gibson’s long awaited trial on a charge of inciting a riot in Portland is over after the judge threw out the case against the leader of Patriot Prayer.
Gibson had been facing a single charge stemming from a street brawl outside the Cider Riot, a now-closed bar, in Northeast Portland bar on May 1, 2019.
Judge Benjamin Souede threw out the cases against Gibson, 38, and co-defendant Russell Schultz. However, the case against a 3rd defendant, Mackenzie Lewis, continues.
In Tuesday’s ruling, the judge in the case said the prosecution failed to demonstrate that Gibson engaged in “tumultuous and violent content” which is a requirement for the riot charge.
“Essentially, in this case, the state appears to be trying to convict Mr. Schultz for being present at an at an incident where violence occurred,” Judge Souede said. “It’s the job of this court to prevent that kind of overreach. That’s not to say that the court is suggesting this behavior was good or morally acceptable, are in any way positive, or useful. But we live in a community that’s governed by laws and under the law. If this defendant could be convicted of riot in this case, there would be no protection for protesters in Oregon.”
However, the judge said the decision to dismiss the charges against Gibson “is a closer call.”
“The record is overwhelming and I suggest indisputable that Mr. Gibson spoke obnoxiously to the crowd that was gathered, etcetera. He was provocative, he was taunting, he was acting like a troll. He repeated ‘Do something’ in a way that I think a reasonable juror would certainly be empowered to conclude was designed to try to provoke these people if he could into a reaction. And in fact, when that reaction comes, he behaves in that way,” Souede said.
He later said he suspected “a charge of harassment would survive a Motion of Judgement of acquittal…but that’s not the crime that Mr. Gibson is charged with. In this case he is charged only and exclusively with riot.”
The ruling came on just the second day of the trial, after four days of jury selection wrapped up Friday.
After the case was tossed, Gibson spoke with KOIN 6 News.
“The judge was visibly annoyed that (Multnomah County DA) Mike Schmidt chased these charges for 3 years for simply acts of free speech. I think it’s amazing that they’ve allowed Portland to burn down for several years, for 200 days straight the city burned down, and dropped all riot charges,” Gibson told KOIN 6 News. “But the DA pursued us specifically. So we’re looking forward to a lawsuit and going from there.”
The District Attorney’s Office declined a request for comment on the decision.
The events of May 1, 2019
Video of the May 1, 2019 incident shows both Gibson and other Patriot Prayer involved in a fight that spilled into the middle of the street.
Prosecutors alleged Gibson taunted and threatened Antifa members in a deliberate effort to provoke a fight.
“If this defendant could be convicted of riot in this case, there would be no protection for protesters in Oregon.”
Multnomah County Circuit Court Judge Benjamin Souede
Gibson pleaded not guilty in September 2019. Since his arrest, court documents show he’s used a number of legal maneuvers to delay the trial and/or get the venue changed. He also publicly stated Portland city leaders targeted him and claimed his arrest was politically motivated.
Three other Patriot Prayer members — Chris Ponte, Ian Kramer and Matthew Cooper — were indicted and pleaded guilty to charges related to the Cider Riot brawl.
In May 2021, Kramer was sentenced to 20 months in prison and formal supervised probation.
Abram Goldman-Armstrong, who owned the Cider Riot, sued Gibson and Patriot Prayer members for making the bar a target for violence from his far-right group. That civil suit has yet to be settled.