03-25-2019  6:00 pm      •     
In the Feb. 20, 2017 file photo, protesters clash with police in Portland, Ore. The mayor of Portland, Oregon, is criticizing how local prosecutors and his own Police Bureau handle street violence among political factions that frequently clash on the city's streets. In a news conference Monday, March 11, 2019, Ted Wheeler called for a change to rules and laws if they do not allow police officers to arrest brawlers and vowed that anyone fighting on Portland streets will not escape unpunished. (Dave Killen /The Oregonian via AP, File)
The Associated Press
Published: 14 March 2019

A member of the right-wing Proud Boys group pleaded not guilty Wednesday to felony third-degree assault and misdemeanor fourth-degree assault in connection with the June attack of a man in Oregon, the Oregonian/OregonLive reported.

Earlier this week 23-year-old Donovon Lyle Flippo of Vancouver, Washington, was arrested on a warrant Tuesday in Clark County, Washington, a day after Mayor Ted Wheeler complained that law enforcement was basically ignoring violent protests in the city and failing to arrest violent activists. He faces charges of third-degree assault, a felony, and fourth-degree assault, a misdemeanor. It wasn't clear if he had an attorney.

Portland Police Bureau Lt. Tina Jones said Wednesday that the arrest happened outside their jurisdiction and therefore they are unable to comment.

Multnomah County Circuit Judge Karin Immergut ordered Flippo on Wednesday to have no contact with the man who was attacked or the co-defendant, Tusitala "Tiny" Toese, while the case is pending.

Toese, another Proud Boy member, hasn't yet been arrested. He and Flippo appear together in many social media posts and often attend right-wing demonstrations in Portland.

Flippo and Toese were indicted last month after a 35-year-old man said Flippo and another man shouted homophobic slurs at him before punching him in the face.

The man said he was waiting to cross the street at a stoplight June 8 when he saw Toese, Flippo and a third man in a truck. The man said the men in the truck were yelling things about Trump, and shouting, "Build the wall!" He said he motioned at them with his hand or arm, trying to dismiss them. As he crossed the street, he said they yelled homophobic slurs at him so he shouted an expletive back at Toese, calling him by his nickname "Tiny."

When the man got to the other corner, he said he saw Toese and Flippo get out of the truck and rush toward him. The man said he had a minor concussion and went to the hospital, where he received stitches for a split lip.

Flippo said he didn't know the man, according to court records.

Another Vancouver man posted 10 percent of Flippo's $7,500 bail and he was released from custody Tuesday night, court and jail records show.

When asked by a reporter if Flippo had any comment about his arrest and indictment as he left court with three other men, he said, "No, ma'am," and walked away.

On Monday, Wheeler called for a change to laws if they don't allow police officers to arrest brawlers and vowed that anyone fighting will not go unpunished.

Wheeler also said prosecutors were being too timid and not enforcing existing law.

Wheeler mentioned an Oct. 13 fight outside a downtown bar in which members of the right-wing group Patriot Prayer and left-wing Antifa used fists, batons and even bear mace. Police were present but did not attempt any arrests.

Wheeler said officials in Multnomah County District Attorney Rod Underhill's office told mayoral aides that prosecutors could do nothing because the law allows for "mutual combat" between people fighting.

"That was an unacceptable answer for me," Wheeler said. 

"C'mon folks, we're overcomplicating this. You're not allowed to fight on the streets of the city."

The police department is under scrutiny after it was revealed last month that a lieutenant in charge of containing protests texted repeatedly with the leader of Patriot Prayer, detailing the movement of a rival protest group.

Brent Weisberg, a spokesman for Underhill, said prosecutions are "incredibly complex" and some elements have been oversimplified "by individuals other than prosecutors."

Sometimes prosecutors cannot determine the initial aggressor, he said, making it legally and ethically questionable to file charges.

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