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The Jewish community is outraged after a California district attorney’s office signaled that a community college professor could escape a lengthy prison sentence after he struck an elderly pro-Israel protester with a megaphone, which led to him falling backwards onto the ground and later dying at the hospital from blunt force trauma, according to the medical examiner.
Loay Abdel Fattah Alnaji, 53, an anti-Israel community college professor, was initially ordered to stand trial after hitting a pro-Israel protester, Paul Kessler, 69, in the head with a megaphone, who was standing across the street from him during dueling pro-Israel, pro-Palestinian protests in Thousand Oaks, located in Ventura County, California, in 2023. Kessler fell backwards to the ground after being struck by Alnaji striking his head and sending him to the hospital before passing away shortly thereafter from blunt force trauma, according to the medical examiner.
The incident took place against the backdrop of the Israel-Hamas war tensions and concerns about antisemitism rising in the United States and more broadly. Alnaji was initially facing up to four years in prison for the matter as he fought the charges against him, but on Tuesday he reversed course and the court “indicated that it is likely to place Alnaji on formal probation with up to 365 days in jail,” according to the Ventura County District Attorney’s Office, which said it was displeased with the move.
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Ventura County Superior Court Judge Derek Malan, who offered Alnaji probation if he changed his plea, according to the Ventura County Star, reportedly likened the altercation to if “two old guys had a dispute and an accident happened,” Defense attorney Ron Bamieh said, after noting the offer came after multiple meetings between him and the judge.
A defense source familiar with the case said that the district attorney’s office was also involved in these talks, despite public statements indicating they were unhappy with the outcome. The defense source said the district attorney’s office had to take a harsher stance for political reasons.
“Alnaji should be sentenced to prison for his violent behavior, and our office strongly objects to any lesser sentence,” said District Attorney Erik Nasarenko. “While no amount of punishment will ever fully account for the Kessler family loss, a prison commitment underscores the severity of this crime and will deter others from committing similar acts of violence.”
A prosecutor also said Kessler’s family opposed the sentence and sought the maximum term.
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However, the defense source said that prior to the plea this week, the victim’s family wanted the case over quickly and quietly, without a trial, and did not have a strong opinion about sentencing. The source also contested claims that anyone had actually seen the full incident occur and insisted there were numerous contradictions in the eyewitness accounts provided that alleged Alnaji was the aggressor.
“Mr. Alnaji made a thoughtful decision today, one guided by his family’s well-being and a deep concern for community peace. The tragedy that befell Mr. Kessler, compounded by the geopolitical tensions surrounding Israel and Gaza, led Mr. Alnaji to reconsider pursuing a full trial,” Bamieh said in a statement. “The evidence regarding Mr. Kessler’s aggressive conduct, his history of advocating violence and antagonistic tactics at pro-Palestinian rallies, and most critically, his brain stem condition—all of these facts would likely have shifted the outcome of a trial.”
The defense has argued that a pre-existing brain injury is actually what caused Kessler’s death, not blunt force trauma as was determined by the medical examiner.
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“For those who have characterized Mr. Alnaji as a violent man who intentionally struck a helpless victim, I simply say: they are either uninformed about the facts of this case, or they are pursuing an agenda unrelated to justice. The record tells a different story,” Bamieh concluded.
Jonathan Oswaks, a friend of Kessler’s who was at the rally with him when the incident took place, told the Jewish Journal that the sentencing news was “deeply frustrating.”
“I’m not a lawyer, but the way this was handled raises serious questions for me. It sends a troubling message about accountability,” he told the Jewish Journal in an interview.
Oswaks recounted moments from the event in his interview with the outlet, noting how the pro-Palestinian protesters vastly outnumbered them that day. He said after the pair had split up, people began approaching him and stood inches from his face yelling into his ear and using a megaphone.
“When I tell you I had never experienced that level of hate in my life, I hadn’t,” he said. “I told them to get out of my space. They backed off briefly, then started again. I made it clear they needed to stay away, and eventually they did.”
After news of the deal came down, the Anti-Defamation League expressed disfavor with the likely sentencing outcome, arguing it “emboldens others to act in anger against the Jewish community.”
Rabbi Noah Farkas, president and chief executive of the Jewish Federation of Los Angeles, said that “while we would have liked a harsher sentence,” he welcomed “the admission of guilt for this heinous crime,” according to the L.A. Times.
“Our hope is that today’s news helps bring closure to his family and gives our community the ability to demonstrate safely,” Farkas added.
Alnaji’s sentencing is scheduled for June 25, and he remains at home after posting $50,000 bail.
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