Outrage spurred after news man who killed pro-Israel protester may only get probation

The Jewish community is outraged after a California district attorney’s office reported that a university professor could escape a lengthy prison sentence after hitting an elderly pro-Israel protester with a megaphone, causing him to fall backwards to the ground and later die in hospital from blunt force trauma, according to the medical examiner.

Loay Abdel Fattah Alnaji, 53, an anti-Israel community college professor, was initially ordered to stand trial after hitting in the head with a megaphone a pro-Israel protester, Paul Kessler, 69, who was standing across from him during a duel of pro-Israel and pro-Palestinian protests in Thousand Oaks, located in Ventura County, California, in 2023. Kessler fell backward to the ground. after being hit by Alnaji who hit his head and sent him to the hospital before dying shortly after from blunt force trauma, according to the medical examiner.

The incident occurred amid tensions over the war between Israel and Hamas and concerns about rising anti-Semitism in the United States and more broadly. Alnaji initially faced up to four years in prison for the case as he fought the charges against him, but on Tuesday he changed course and the court “indicated it is likely that it will place Alnaji on formal probation with up to 365 days in jail,” according to the Ventura County District Attorney’s Office, which said it was unhappy with the decision.

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Paul Kessler can be seen at the intersection of Westlake and Thousand Oaks boulevards hours before, authorities say Alnaji delivered the blow that caused him to hit the ground and suffer fatal injuries. (Provided to Fox News Digital)

Ventura County Superior Court Judge Derek Malan, who offered Alnaji probation if he changed his plea, according to the Ventura County Star, reportedly compared the altercation to if “two old guys were having an argument and an accident happened,” defense attorney Ron Bamieh said, after noting that the offer came after several meetings between him and the judge.

A defense source familiar with the matter said the prosecutor’s office was also involved in those talks, despite public statements indicating it was not satisfied with the outcome. The defense source said the prosecutor’s office had to take a tougher stance for political reasons.

“Alnaji should be sentenced to prison for his violent behavior, and our office strongly opposes any lesser sentence,” said prosecutor Erik Nasarenko. “While no punishment can ever fully explain the loss of the Kessler family, a commitment to prison underscores the seriousness of this crime and will deter others from committing similar acts of violence.”

A prosecutor also said Kessler’s family objected to the sentence and asked for the maximum sentence.

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Alnaji can be seen watching an ambulance transport Paul Kessler to a nearby hospital on November 5. (Provided to Fox News Digital)

However, the defense source said that before this week’s plea, the victim’s family wanted the case resolved quickly and quietly, without a trial, and did not have a strong opinion on sentencing. The source also disputed claims that anyone actually witnessed the entire incident and insisted that there were many contradictions in the eyewitness accounts, assuming Alnaji was the aggressor.

“Mr. Alnaji made a considered decision today, guided by the well-being of his family and a deep concern for community peace. The tragedy that befell Mr. Kessler, compounded by geopolitical tensions around Israel and Gaza, led Mr. Alnaji to reconsider pursuing a full trial,” Bamieh said in a statement. “Evidence regarding Mr. Kessler’s aggressive conduct, his history of promoting violence and antagonistic tactics at pro-Palestinian rallies, and, most importantly, his brainstem condition, all of which would likely have altered the outcome of a trial.”

The defense argued that a pre-existing brain injury was actually the cause of Kessler’s death, not blunt force trauma as the medical examiner determined.

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“For those who have characterized Mr. Alnaji as a violent man who intentionally struck a defenseless victim, I simply say: either they are unaware of the facts of this case, or they are pursuing an agenda unrelated to justice. The record tells a different story,” Bamieh concluded.

Pictured is a photo of Loay Alnaji, who was arrested at his home in Moorpark, California, around 7:40 a.m. yesterday. Community college computer science professor faces manslaughter and battery charges in death of pro-Israel protester Paul Kessler (Ventura County Sheriff’s Department)

Jonathan Oswaks, a friend of Kessler’s who was at the rally with him when the incident took place, told the Jewish Journal that news of the conviction was “deeply frustrating.”

“I’m not a lawyer, but the way this was handled raises serious questions for me. It sends a troubling message about accountability,” he told the Jewish Journal in an interview.

Oswaks recounted moments from the event in his interview with the outlet, highlighting how pro-Palestinian protesters were vastly outnumbered that day. He said that after the couple separated, people began to approach him and stood inches from his face, shouting in his ear and using a megaphone.

“When I tell you I’ve never experienced this level of hatred in my life, I haven’t,” he said. “I told them to get out of my space. They backed away briefly, then started again. I made it clear that they needed to stay away, and eventually they did.”

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A memorial is erected near a gas station in Ventura County, California, in honor of Paul Kessler, November 7, 2023. The 69-year-old died following an altercation with a pro-Palestinian protester days earlier. (Live image for Fox News Digital)

After the agreement was announced, the Anti-Defamation League expressed disagreement with the likely outcome of the conviction, arguing that it “encourages others to act in anger against the Jewish community.”

Rabbi Noah Farkas, president and CEO of the Jewish Federation of Los Angeles, said that “while we would have liked a harsher sentence,” he welcomed “the admission of guilt for this heinous crime,” according to the LA Times.

“We hope that today’s news will help bring closure to his family and give our community the opportunity to protest safely,” Farkas added.

Alnaji’s sentencing is scheduled for June 25 and he remains at home after posting $50,000 bail.