A transgender Antifa rioter is no longer facing a felony charge for allegedly assaulting police officers during an August 2020 riot in Portland, Oregon, as the U.S. Attorney’s Office for the District of Oregon moved to dismiss the charge with prejudice, according to court documents. The motion to dismiss the charges noted the defendant had completed 30 hours of community service.
“Eva” Warner, also known as “Joshua” Warner, of Beaverton, Oregon, was charged on September 2 with felony civil disorder in connection to an August 8, 2020 Antifa riot in Portland. It was alleged that he pointed a “high-powered, green laser into the eyes of numerous law enforcement officers attempting to disperse the riot,” according to the Justice Department.
Court documents stated officers with Oregon State Police informed the Portland Police Bureau’s Rapid Response team that Warner was pointing the laser in officers’ eyes, per the Justice Department.
Warner resisted arrest, which resulted in officers using force to apprehend him, according to the Justice Department, citing previous court documents. Officers discovered “a black, pen-style laser pointer on Warner’s person.”
Warner was arrested at the riot and charged with “intentionally obstructing, impeding, interfering with law enforcement officers engaged in official duties,” Fox News reports. The charges were all misdemeanors and he was later released without bail.
Days later, Warner was arrested again. On August 15, 2020, he was booked for second-degree criminal mischief and was released on his own recognizance. Fox News reports the arrest stemmed from another riot.
Later in the month, the Antifa rioter was taken into custody yet again. Records show “Josh” Warner was arrested for interfering with a peace officer and disorderly conduct in the second degree at an August 22 riot in Portland. Again, he was released without bail on his own recognizance.
On September 2, 2020, the U.S. Marshals arrested Warner without incident at a southeast Portland apartment during a federal investigation, according to the Justice Department. Warner was charged “by criminal complaint with civil disorder, a felony,” and appeared in court the following day. He was released pending further court proceedings and faced a maximum of five years in prison if convicted.
On December 21, 2021, Acting U.S. Attorney for the District of Portland Scott Erik Asphaug moved to dismiss the case with prejudice, “in the best interests of justice,” citing Warner’s compliance with “the Deferred Resolution Agreement, including performing at least 30 hours of community service,” according to a copy of the document obtained by Fox news.
“The next day, U.S. District Court Judge Michael H. Simon dismissed Warner’s indictment ‘with prejudice,’ according to court documents obtained by Fox News,” the outlet reports.