FILED

MAR 23 2022

CIRCUIT COURT
Verified Correct Copy of Original 3/23/2022._

1 IN THE CIRCUIT COURT OF THE STATE OF OREGON

2 FOR MULTNOMAH COUNTY

THE STATE OF OREGON C# 21-CR-61225

vicnei926 DA# 2441395-2
AF Crime Report: PP 21-681328
Affidavit Plaintiff,
nim v. AFFIDAVIT IN SUPPORT OF
int um Ma
FELONY DETERMINATION
TUSITALA JOHN TOESE
8 Defendant(s).

9 I, NATHAN T. VASQUEZ, having been first duly sworn, depose and say that the accompanying
19} accusatory instrument is based upon the information set forth below, which is true as I verily believe.
That I am employed as a Deputy District Attorney for Multnomah County, Oregon. That in the course
11 || of my duties, I have read the incident report(s) that I know to have been prepared by the Portland Police
Bureau Officers Joseph Cox and Matthew Jacobsen and the corresponding video evidence concerning
12] this investigation of criminal acts in Multnomah County, Oregon, committed by TUSITALA JOHN
TOESE (hereinafter, “Defendant”). The following is taken from those materials, the defendant’s prior
131 cases in Multnomah County and a review of the defendant’s criminal record:

i On August 22, 2021 a political rally was held in the parking lot of an empty K-Mart department
15] store located near the intersection of NE 122"4 Ave. and Sandy Blvd. The event originally had been
planned to occur at Portland’s waterfront, but was moved when it became apparent that a counter protest
16] by an opposing group would respond to the event. Defendant was one of the primary organizers of the
rally and acted as the emcee for the event, introducing new speakers and delivering speeches of his own
17} to the gathered crowd. Several members of the crowd were wearing tactical, armored vests and other
18 equipment and were openly carrying paintball guns and other weapons including baseball bats,
explosive devices, bear spray, firearms, and other blunt weapons. During his speeches, Defendant made
19| the following statements:

20 e In reference to perceived disdain for his group’s political ideology by Portland’s elected
officials: “You want to keep on poking a sleeping bear, guess what? It’s going to rise up and it’s
21 going to be 1776 up in this bitch.”

a e While speaking on his beliefs with respect to the Second Amendment: “An armed society is a
23 polite society, and guess what? Antifa is taking so long to march here because they know these
people love pew-pews [referring to firearms]. And you’re going to mess around and find out, the
24 wrong way.”

25 e In reference to generalized remarks regarding Defendant’s belief that Antifa maintained an

2% agenda to strip him of/various unspecified rights: “If you want to have our freedom, you’re going
to have to put all of us six-feet-under. Take it from me. Because it ain’t happening that easy.
27 We’re going to give you a run for that money.... We’re going to still be waiving this flag because
there is (sic.) a bunch of Proud Boys, a bunch of veterans, a bunch of patriots that are standing
28 here on this property that are ready to go battle for this. So try us. Fuck around and find out.”

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Multnomah County District Attorney's Office, Portland, OR 97204 (503) 988-3162
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Verified Correct Copy of Original 3/23/2022._

e Inreference to a perceived belief that Antifa would appear at the rally: “Well guess what’s going
to happen to your fascist heroes today if they show up and try to attack somebody. They’re going
to get an ass whooping.” .

During the speeches, a small group of counter protesters had assembled on the outside of the parking
lot along 122"! Ave. Several of the rally-goers approached the group and began to engage in arguments
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regarding the two groups’ opposing ideologies. As a larger portion of the rally group began to engage
with the counter protesters, Defendant approached and told those present from the rally to return to the
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stage. He specifically stated that the only ones who should remain by the counter protesters were “guys
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that are geared up, six at least’—referring to members of the rally group wearing tactical gear and
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carrying weapons including paintball guns, firearms, blunt weapons, explosive devices, and bear
spray—and told the others again to go back to the stage area.

Approximately an hour and a half after the rally began, additional counter protesters arrived at the
location, approaching on foot as well as pulling into the parking lot in a de-commissioned Metro West
Ambulance van. Members of the group from the rally immediately began attacking the van and its
10 occupants with paintballs, mace, and blunt weapons, causing extensive damage to the windows, tires,
and vehicle body. The van’s occupants fled on foot and the van rolled into a small patch of bushes
11
nearby. Members of the rally-group then pursued the counter protesters south on 122" Ave. firing
12 paintball guns, using bear spray, and throwing explosive devices and other objects at the counter
protesters who were also throwing explosives, smoke bombs, and paint-filled projectiles.
13
As the initial clash occurred, Defendant, in the rear of the rally-group, gave orders to have other
14 rally-goers return to defend the stage that had been set up for the rally in the parking lot. As a large
portion of the rally-group returned to the K-Mart parking lot, Defendant assembled a smaller group
15
armed with paintball guns and tactical gear that moved through an alleyway at the back end of the
16 parking lot, looping around back to 122°4 Ave. where they were able to approach the counter-protest
group from the side. The smaller rally group, including Defendant, then began shouting “Fuck Antifa”
17 repeatedly as others in the group opened fire with paintball guns on the counter-protesters standing on
1221, The counter protest group again retreated south on 122"! and Defendant waved to his smaller
18 group, still armed with paintball guns, bear spray, explosives and other blunt weapons, signaling that
they should pursue. The two groups exchanged paintball-gun fire and chemical sprays, and threw
19
vatious explosive and paint-filled projectiles at one another as they moved along 122"4 Ave. toward
20 nearby Parkrose High School.

21 As the two groups reached a parking lot at the southeast corner of Parkrose High School, Defendant
noticed a Silver Honda Ridgeline with shields and cases of water in the bed. Defendant identified the
22 truck as a counter-protester support vehicle and shouted to others present “He’s Antifa”, repeating the
call several times. There was one occupant inside the truck. Defendant approached the vehicle and,
23
using a bat he had carried with him from the K-Mart parking lot, broke out the driver’s side window.
24
Defendant then signaled to others from the rally group to approach the vehicle, inciting the rally
members to attack the truck and assault the driver. Defendant can be heard on video yelling to others
25 present “He’s Antifa, he’s Antifa” and can be seen gesturing toward the vehicle with his baseball bat.
Members of the rally group then began breaking out the remaining windows to the truck, popping its
26 tires, and attacking the driver.

ah At least three rally group members standing on the passenger side of the vehicle fired paintballs into
at the vehicle’s occupant as he attempted to hide inside the vehicle. Defendant stood just behind the line
28
of paintball shooters and continued shouting to others in the area inciting them to attack the vehicle’s
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Verified Correct Copy of Original 3/23/2022...

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occupant. Another member of the rally group then climbed into the vehicle and directly assaulted the
occupant, striking him repeatedly with an armored motorcycle glove and kicking him. Others
surrounded the vehicle and sprayed the occupant with mace and bear spray. Eventually, a member of the
rally group was able to assist the occupant in getting out of the vehicle. The occupant ran from the
vehicle, was shoved violently from behind by a rally group member, but was able to escape to the
opposite side of the parking lot where the majority of the counter protest group had assembled.

After the occupant of the Silver Ridgeline escaped, and on Defendant’s command to “fall back”, the
A

rally-group began to move back toward the K-Mart parking lot to the north. As the rally group re-
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grouped, Defendant began a call-and-response style chant of “Fuck around, Find out” and “Fuck Antifa”
yelling out the phrases while other rally group members joined in. Prior to departing the Parkrose High
School parking lot, Defendant stopped and spoke to several of the independent streamers and journalists
who had followed the two groups from the K-Mart parking lot making the following statement as he
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addressed them:

e “That’s our message for you Antifa: the Americans are coming out and they’re sick and tired
If
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of this shit. we have to fight fire with fire we’re going to fucking do it. Fuck Antifa.”
Re

Upon return to the K-Mart parking lot, a portion of the rally group assembled around the support van
that the counter protesters had used and abandoned upon their initial arrival at the location. Defendant
approached the van from the inner part of the parking lot and shouted to those in the area “Boys, flip this
motherfucker over so they don’t get to drive this bitch.” Several of the rally group members took up
a

positions on the passenger side of the van and began to rock it in an attempt to flip it, but were largely
unsuccessful. Defendant then walked around the side of the van, shouted that the group needed to “get
low”, and then joined in the effort. With Defendant’s assistance, the group was then able to tip the van
onto its side.

At that point, the parking lot began to clear out. Defendant and several other members of the group
climbed into the back of a pickup truck which circled the parking lot before departing the area.

Approximately two weeks later, on September, 4, 2021, Defendant was involved in another incident
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at an anti-vaccine rally held in Olympia, WA. News articles and open-source video of the incident show
a

Defendant and several others chasing members of an ideologically opposed group through the streets of
Olympia. Members of Defendant’s group can be heard in the videos from the incident yelling “Fuck
Antifa” in a call-and-response style and can also be heard yelling threats such as “You better run you
fucking pussies” as they chased counter protesters down the street. Ultimately, Defendant and a group of
ee
ON

others pursued counter protesters to a bus station where Defendant received a gunshot wound to his
ankle from an unknown source.
BR
OR

Defendant, prior to the above-described incidents, has been involved in a large number of protest
NR

events since 2017 and has been criminally charged in several jurisdictions in Washington and Oregon. In
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Oregon, Defendant was first charged with Assault in the Fourth Degree, Harassment, and Disorderly
Conduct in the Second Degree in connection with an incident at a rally in which he punched a counter
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protester in the face, unprovoked, on December 9, 2017. Defendant plead guilty to Harassment and was
placed on a probation in that case. That probation was revoked on October 29, 2019 and defendant was
SON
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sanctioned with 10 days in jail.

BR

Defendant was also charged in Oregon with Assault in the Third Degree and Assault in the Fourth
ho
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Degree in connection with a 2018 protest event under Multnomah County Circuit Court case number

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Multnomah County District Attorney's Office, Portland, OR 97204 (503) 988-3162
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Verified Correct Copy of Original 3/23/2022._

18CR43660. In March of 2018, approximately a week after indictment on those charges Defendant fled
the jurisdiction to American Samoa and was not arraigned on the charges until he returned to Oregon in
October of 2019 and was arrested at Portland International Airport. Ultimately, Defendant plead guilty
to the Assault in the Fourth Degree charge in that case and was placed on probation in January of 2020.
In October of 2020 that probation was revoked after Defendant failed to comply with several terms of
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his probation, including having attended a rally in Downtown Portland in August of 2020. Defendant
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was sentenced to a six month revocation in that case.

Defendant was also convicted on two counts of Bail Jumping and one count of Obstructing Law
Enforcement in Clark County, WA on January 8, 2019. More recently, Defendant has been charged in
Thurston County, WA with Obstructing Law Enforcement, Criminal Trespass in the Second Degree, and
Or ie Sale

Assault in the Third Degree in connection with an incident wherein a large number of protesters
unlawfully entered the grounds of the Governor’s Mansion in Olympia, WA on January 6, 2021.
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10 DATED this dayot feg”DSato" 2022.

11
MIKE SCHMIDT
District Attorney
12 Multnomah County, Oregon
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15 By: Ok
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NATHAN.T, SASGUE 014437

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SUBSCRIBED AND SWORN TO BEFORE
ME ON THE ABOVE DATE:

Sigg ay ectICIAL STAMP

A a oie:
Deputy District Attorney

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NOTARY PUBLIC OREGON
COMMISSION NO.e0e7tt
My Commission Expires: IZ 202 >
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21 MY COMMISSION = Deputy Clerk of the Circuit Court

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Judge of the Circuit Court
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Multnomah County District Attorney's Office, Portland, OR 97204 (503) 988-3162
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