Antifa-led Portland rioter charge with assault police has case dismissed after community service

Federal case dismissed after defendant completed 30 hours of community service

Updated: December 30, 2021 - 9:49am

The Facts Inside Our Reporter’s Notebook

A participant in the Antifa-led riots in Portland, Oregon, last year who was charged several times in connection with the incidents,  including one charge for allegedly assaulting police officers, has had a federal case against him dropped after completing 30 hours of community service, according to court documents. 

Eva Warner, of Beaverton, was charged in September 2020 with felony civil disorder. 

The charge was related to the evening of Aug. 8 of that year, on which authorities declared a riot at a Portland Police Association downtown office after Antifa members broke windows and set it on fire, according to Fox News.

The rioters, participants in the summer of social justice protests, also used vehicles and dumpsters to illegally block traffic, according to the Justice Department

Portland Police said Warner, also known as Joshua Warner, pointed a high-powered laser into the eyes of law enforcement officers trying to disperse the crowd. Warner resisted arrest, and had a laser in his possession when arrested by force, the Justice Department also said.

Warner was charged with intentionally obstructing, impeding, interfering with law enforcement officers engaged in official duties and released without bail. 

Warner was arrested two other times in the following weeks on similar charges in connection with the riots. 

Amid a federal investigation, U.S. Marshals arrested Warner on Sept. 2, 2020, without incident. Warner was later released pending further court proceedings but faced a maximum five-year sentence in federal prison.

Scott Erik Asphaug, acting U.S. attorney for the District of Oregon, filed a motion Dec. 21, asking the court to "dismiss with prejudice the indictment against (Warner), in the best interests of justice." The motion states the defendant had performed "at least 30 hours of community service." 

The next day, U.S. District Court Judge Michael H. Simon dismissed Warner’s indictment "with prejudice," according to court documents obtained by Fox News. 

Fox News said it could not get a comment from acting U.S. Attorney for the District of Oregon Thomas S. Ratcliffe, the Portland Police Association or Warner's attorney and that the Portland Police declined to comment.