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Portland Antifa rioter has federal case for assaulting cops dropped

Daily Mail logo Daily Mail 12/30/2021 Adriana Diaz For Dailymail.Com

The federal case against an Antifa rioter from Portland accused of assaulting police officers was dropped after she completed just 30 hours of community service. 

Eva Warner, who is transgender and was formerly named Joshua, was charged with felony civil disorder in September 2020 after she was arrested three times during Antifa riots in August. 

Warner, 26, would have faced a maximum sentence of five years in federal prison if convicted. 

Warren was charged with a federal felony for civil disorder after allegedly aiming a laser pointer into the eyes of several police officers during an Antifa riot in 2020 (Pictured: Portland police officers chase demonstrators after a riot was declared during a protest on April 12, 2021 in Portland) © Provided by Daily Mail Warren was charged with a federal felony for civil disorder after allegedly aiming a laser pointer into the eyes of several police officers during an Antifa riot in 2020 (Pictured: Portland police officers chase demonstrators after a riot was declared during a protest on April 12, 2021 in Portland) Protesters march toward the Portland Police Bureau North Precinct on the 75th day of protests against racial injustice and police brutality on August 10, 2020. © Provided by Daily Mail Protesters march toward the Portland Police Bureau North Precinct on the 75th day of protests against racial injustice and police brutality on August 10, 2020.

U.S. Attorney for the District of Oregon Scott Erik Asphaug filed a motion on December 21, asking the court to 'dismiss with prejudice the indictment against (Warner), in the best interests of justice.' 

The motion noted that Warren had 'successfully complied with the terms of the Defendant Resolution Agreement, including performing at least 30 hours of community service.

U.S. District Court Judge Michael H. Simon dismissed the indictment with prejudice the next day, according to court documents. Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. 

Portland erupted in protests and riots that lasted months as the nation debated race and policing in the wake of the George Floyd, Ahmaud Arbery and Breonna Taylor killings. 

Officials declared a riot at the Portland Police Association office on August 8, 2020 after Antifa members shattered the windows and set the office on fire, the United States Department of Justice reported. 

The rioters also used vehicles and dumpsters to illegally block nearby vehicle traffic. 

Warner was accused of directing 'a high-powered, green laser' in the eyes of multiple police officers who attempted to break up the crowd. Officers found 'a black, pen-style laser pointer' in her possession.

Laser pointers are used in protests and riots to distract or temporarily flashblind people. They can cause eye injuries and have the potential to cause permanent damage.  

She resisted arrest during the riots forcing officers to use to take her into custody, the reported stated. 

Warner was booked and charged with misdemeanor charges of unlawful directing of light from a laser pointer, interfering with a peace officer, and disorderly conduct and released the same day without bail.  

Nearly a week later, Warner was arrested again at a protest that turned violent as the crowd threw fireworks, rocks, golf balls, glass and other items at police officers working to disperse the crowd. 

Warner was arrested charged with a misdemeanor of criminal mischief on August 15, 2020. She was released the same day without posting bail.  

© Provided by Daily Mail

Portland police declared another riot on the night of August 22, 2020 as the crowd pelted officers again with fireworks, rocks, golf balls and glass, among other things. 

Warner was taken into custody for the third time that month. She was charged with misdemeanors of interfering with a peace officer and disorderly conduct. She was released again without bail. 

The prosecution did not pursue any of these charges.  

Following her third arrest, Warner was arrested by the U.S. Marshals Service in a southeast Portland apartment without incident on September 2, 2020. 

She appeared in court the next day and was charged by federal criminal complaint with a felony of civil disorder in connection to her first arrest. 

The case was investigated jointly by the FBI and the U.S. Marshals and prosecuted by the U.S. Attorney's Office for the District of Oregon. 

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