Ventura County Sheriff's deputies laid out the early days of their investigation into the Nov. 6 death of a Jewish pro-Israel demonstrator during a preliminary hearing in Ventura County Superior Court for Loay Alnaji, 50, Tuesday.
The Moorpark man has been charged with involuntary manslaughter by an unlawful act and battery with serious bodily injury in the death of Paul Kessler, a 69-year-old from Thousand Oaks.
In one photograph presented in court, yellow tags on a Thousand Oaks' corner marked out the locations where investigators found apparent bloodstains and a broken pair of glasses. The intersection of Thousand Oaks and Westlake boulevards had become a regular protest site in the days after Hamas' deadly invasion of Israel.
In another image, a white megaphone with a red mouthpiece and lanyard rested on its side. A detective said part of the horn’s rim was spotted with a dark, dried substance.
Prosecutors say Alnaji is responsible for Kessler's death. He died early the morning of Nov. 6, hours after a tense encounter with Alnaji and other pro-Palestinian demonstrators in Thousand Oaks.
That interaction turned physical and led to Kessler falling backward, striking his head on the ground, investigators say. The Ventura County Medical Examiner's Office ruled that Kessler died of blunt force injuries. He also sustained minor injuries to the left side of his face.
Alnaji, who worked at Moorpark College at the time of the incident, pleaded not guilty to both felony charges on Nov. 17, a day after he was arrested. He was released that evening after posting $50,000 bail, records show.
The charges against Alnaji also include two special allegations that he personally inflicted great bodily injury. Charges have not been filed for any hate crime.
District Attorney Erik Nasarenko said in November that the involuntary manslaughter charge indicates an alleged killing occurred without malice.
Face-to-face confrontation
On Tuesday morning, supporters of both Alnaji and Kessler filed into a Ventura courtroom for the hearing.
Investigators testified about their interviews with a handful of witnesses to Kessler's confrontation with Alnaji, sketching an image of a heated argument turning physical.
At the core of the case is whether or not Alnaji's physical actions are responsible for Kessler’s death, whether it was a blow from the megaphone Alnaji was holding or something else that caused Kessler to fall.
Kessler and Alnaji were among a few dozen demonstrators in two camps — a larger pro-Palestinian and a smaller pro-Israel — who stationed themselves at the Thousand Oaks intersection on the afternoon of Nov. 5, chanting and waving flags.
The two protests came face to face on the northwest corner of the intersection, in front of a Shell gas station. Officers testified Tuesday that witnesses told them Kessler left a small embankment he was standing on to confront the nearby pro-Palestinian protesters.
Deputy Sheriff Briana Vazquez testified that she responded to the scene while Kessler was still lying on the concrete. She interviewed Alnaji, who was sitting nearby.
He told her that Kessler approached him on the street corner and that the two inched closer as they argued until they stood roughly 18 inches apart.
Kessler thrust his phone into Alnaji’s face, Alnaji told Vasquez, prompting him to swing his megaphone up from his hip in an attempt to knock the phone away. He made contact with the phone, sending it flying, Alnaji told Vasquez, and possibly with Kessler’s hand.
Other officers described their interviews with two witnesses – a pro-Israel protester who was standing across the street and a driver stopped at the intersection – who said they saw Alnaji swing before Kessler fell.
Ron Bamieh, an attorney for Alnaji, said after the Tuesday morning court session that Alnaji did strike Kessler out of self-defense, but that it was Kessler's own medical condition, not Alnaji's blow, that caused him to fall.
Video evidence, Bamieh said, shows that Alnaji was feet away when Kessler fell.
"I believe most of these witnesses are confused," he said. "They all saw it differently."
The manner in which Kessler fell, Bamieh said, was more consistent with a medical episode than a reaction to a physical blow.
Video and medical evidence had yet to be presented by the end of the morning court session.
The preliminary hearing is expected to run through at least Wednesday afternoon, according to Joey Buttitta, a spokesman for the DA's office.
Isaiah Murtaugh covers education for the Ventura County Star in partnership with Report for America. Reach him at isaiah.murtaugh@vcstar.com or 805-437-0236 and follow him on Twitter @isaiahmurtaugh and @vcsschools. You can support this work with a tax-deductible donation to Report for America.
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