An excerpt from the long opinion Thursday in People v. White, decided by California Court of Appeal Justice David Rubin, joined by Justices Terry O'Rourke and Martin Buchanan:
On January 9, 2021—three days after the riot at the U.S. capitol—defendant Jeremy Jonathan White and several fellow Antifa movement activists traveled from Los Angeles to San Diego to meet local Antifa activists to counterprotest a planned right-wing "Patriot March." Donning full tactical armor and armed with bear spray and a taser, White led Antifa marchers up and down the Pacific Beach boardwalk as many of the Antifa protesters violently confronted right-wing marchers. The scene devolved into a riot and police ultimately declared the Antifa protesters an unlawful assembly.
Over a year later, a San Diego grand jury issued a 29-count indictment alleging that 11 defendants conspired to riot on behalf of Antifa to disrupt the January 9, 2021 political demonstration…. All but two defendants entered plea bargains, and the case proceeded to a joint trial against only White and codefendant Brian Lightfoot. White was [convicted of] conspiracy to riot … [and] sentenced White to two years….
In early January 2021, a 17-year-old supporter of outgoing President Trump posted flyers online advertising a "Patriot March" near the Crystal Pier in Pacific Beach at 2:00 p.m. on January 9, 2021. Antifa activists planned a countermarch for the same day and location.
The evening before the scheduled event, White, Lightfoot, and others communicated through the encrypted "Signal" smartphone messaging app about plans to "squad up" and disrupt the "Patriot March." White, whose Signal username was "ACAB Man" and whose Instagram username was "@theantifasoldier," was one of three administrators for this messaging thread, which they named "SD Fash Bash." Signal was "really the only way [White] like[d] to talk about actions" because "it's … encrypted" and "keeps conversation[s] secure." There were no direct communications between White and his coconspirators in this thread.
The group also promoted the Antifa counter action through its Twitter account, "SDAgainstFash." The evening before the event, this account posted that the "main group intends to meet [at specified GPS coordinates] between 12 and 12:30" and "then move to the pier at 12:30" to arrive before the march participants. The Twitter account also posted, "Bloc is recommended, but soft if you're more comfortable in it." Detective Clark explained that "soft bloc" is "another type of clothing where maybe you blend into the general public as opposed to standing out by wearing all black." The account advised that further coordination would occur via Signal. In a Signal discussion about what time the "Patriot March" participants were expected to arrive for their event, White wrote, "I think we're just trying to get there super early to hold space and not let them gather easily."
White and Lightfoot, who both lived in Los Angeles, got a ride to the San Diego meeting point from White's friend, Robert S. During the drive, Lightfoot made video calls to another Antifa activist from Los Angeles (coconspirator Luis Mora) and coordinated their arrival in San Diego. Lightfoot also messaged through social media, "Got team coming from L.A."
White arrived in San Diego "kitted up" in black bloc: black clothing, full body armor, a tactical helmet, a tactical vest, a gas mask, and medic patches on his chest and shoulders. White was armed with bear spray, a flashlight-taser, a knife, and scissors. He had three walkie-talkies and gave one to Lightfoot and Robert. White also had a first aid kit and tourniquet.
White's trio walked from their parking lot to the pier with the other group of Antifa activists from Los Angeles. When combined with activists from San Diego, there were initially about 40 to 50 Antifa activists "dressed in all black." The crowd grew to "a couple hundred people." At times, White led the Antifa group on a march up and down the boardwalk waving an Antifa flag as the group chanted "kill all Nazis" and other slogans….
