Editorial: Seeking justice in Thousand Oaks
Based on the publicly disclosed evidence, the tragedy that took place at Thousand Oaks and Westlake boulevards on Nov. 5 was the outcome of feverish passions that escalated until something went terribly, irredeemably wrong.
By now, the basic outline of the events that unfolded on that Sunday afternoon are well known. There was a demonstration and a counterdemonstration to vent outrage over the horrible bloodshed that began with a brutal terrorist attack on Israeli citizens and continues with the merciless response of the Israeli military on Gaza as it seeks to eradicate Hamas, the militant group that orchestrated the attack.
One of the demonstrators, Paul Kessler, a 69-year-old Jewish man from Thousand Oaks who was there to show support for Israel, landed hard on the pavement. He suffered a severe blow to his head and died.
What is not yet clear, and may never be, is what precipitated the fall. Was he shoved? Did he stumble while trying to escape real or perceived physical danger? Did he trip while maneuvering in a situation fraught with tension?
Eleven days later, after interviewing dozens of individuals, sheriff’s deputies arrested Loay Alnaji, a 50-year-old Moorpark man who is a U.S. citizen and a native of Jordan. He had been at the demonstration to show sympathy and support for the Palestinian people.
Alnaji has pleaded not guilty to felony charges of involuntary manslaughter and battery causing serious bodily injury.
The aftermath of this tragedy is testing the skills of Ventura County law enforcement and the temperament of the community at large. Both have restrained from overreacting to the politicized circumstances that preceded this tragic death.
At a vigil at Temple Etz Chaim in Thousand Oaks two days after Kessler’s death, mourners honored his life and joined together in a show of sympathy and support for the family and each other. There were no impatient cries for justice, no suggestion that the centuries of conflict and hate from the Middle East had suddenly been transported to Ventura County.
In fact, there was a sense of calming reassurance. “I don’t think Paul’s death is a sign of what’s to come,” Rabbi Ari Averbach told The Star following the vigil. “The outreach from everyone reminds me we live in a safe and wonderful place.”
The Ventura County Sheriff’s Office proceeded with deliberate patience. Although they knew of Alnaji’s presence — he was, in fact, among those who called 911 following Kessler’s injury — deputies methodically continued to interview individuals who had been at the scene, collect evidence and seek out video that might better document what transpired.
In filing charges, District Attorney Erik Nasarenko made clear his office was not alleging a malicious motive. He said prosecutors “have no information whatsoever” that Alnaji arrived at the scene with the intention to harm anyone.
Alnaji’s defense attorney asserts his client was several feet away from Kessler at the time of his fall and says that Kessler himself had behaved provocatively that day. As anyone who has witnessed such scenes can testify, there is often no shortage of provocation from both sides.
In this instance, the tension spawned tragedy. A vibrant man who was passionate in his convictions is dead. If someone was responsible, intentionally or not, justice demands accountability.
This will now play out as it should, based on evidence and by the rule of law. Many will not be satisfied. Some will assert that a hate crime should be charged. Others may believe that Alnaji is being unfairly scapegoated because of his Arab ancestry.
There is a time when noisy, forceful expression of opinion is appropriate, such as on a street corner in a nation that values and protects freedom of speech. And there is a time when sober examination of the facts is what matters above all else. This is such a time.
This article originally appeared on Ventura County Star: Editorial: Seeking justice in Thousand Oaks
