Hate crime charges have not been filed against a 50-year-old Moorpark man accused of causing injuries that led to the death of a Jewish man during dueling protests in Thousand Oaks because prosecutors lack evidence to justify the charge, the Ventura County District Attorney announced on Friday, Nov. 17.
“We have not ruled out a hate crime; the investigation into an alleged hate crime is ongoing,” District Attorney Erik Nasarenko said at a Friday morning press conference. “There are still search warrants outstanding, but at this moment in time, we do not have the elements of a hate crime satisfied.”
The DA’s office and the Ventura County Sheriff’s Department have reviewed 600 pieces of evidence and interviews with 60 witnesses, Nasarenko said. Using videos and digital photos, they pieced together the sequence of events leading up to a confrontation that led to Jonathan Kessler’s death.
It was not known whether the video showed the exact moment Kessler fell to the ground.
Loay Abdel Fattah Alnaji, of Moorpark, pleaded not guilty in Ventura County Superior Court Friday to charges of involuntary manslaughter and battery causing great bodily injury to 69-year-old Kessler, according to the Ventura County Star. Kessler died a day after the protests from injuries sustained in a fall there when his head hit the pavement.
The charges include a special allegation that Anjali personally inflicted great bodily injury on Kessler, which if found true could elevate the two felony charges to strikes on California’s three-strikes law, Nasarenko said. He noted Kessler had injuries to the left side of his face.
Alnaji’s attorney, Ron Bamieh, portrayed his client as a peaceful family man and described Kessler as hostile, the Star reported. Bamieh said the charges filed “were a bit of a surprise.”
The Jewish Federation previously alleged that Kessler was struck in the head by a megaphone held by a pro-Palestinian protester, but when asked by a reporter Friday, Nasarenko declined to comment or provide specifics on the evidence.
Alnaji remained at the scene after Kessler’s injury and was detained for several hours for questioning while deputies searched his home, but was not initially arrested. Ventura County Sheriff Jim Fryhoff said Alnaji was taken into custody shortly after 7:30 a.m. Thursday morning.
Kessler’s death drew national headlines and left the local Jewish community in fear as it occurred in the midst of rising tensions in Southern California over the Israel-Hamas war.
Nasarenko said he spoke with Kessler’s family virtually after Alnaji’s Thursday arrest. “They are mourning, they are grieving and they are asking for privacy during this very difficult period,” he said.
Kessler was married for 43 years and leaves behind a son, Nasarenko said. Jonathan Kessler worked in medical sales and taught sales and marketing at satellite college campuses. He also was a pilot.
Nasarenko said his office did not file a murder charge because it’s believed Alnaji did not intend to kill, harm or injure anyone that day.
Alnaji, a professor of computer science at Moorpark College, was being held on $1 million bail, the Ventura County Sheriff’s Office said. Officials said Alnaji was placed on administrative leave following his arrest. His profile was taken down from the college’s website.
Nasarenko and Ventura County Sheriff Jim Fryhoff said they are seeking additional information and asked anyone with information or video to come forward and speak with investigators.
Nasarenko thanked Muslim and Jewish leaders who have shown restraint, have kept their comments measured and have had respect for the criminal process over the last 12 days.