At the conclusion of the preliminary hearing on Thursday, Lee also reduced the four assault
charges against 19-year-old Kelsey Musgrove to misdemeanors -- two
counts for allegedly assaulting White including macing him in the face, and two counts for alleged assault against BANA member Karissa Shaw.
The judge also discharged the second-degree robbery charge
against Musgrove for allegedly filching the backpack.
"So it was a good day for Kelsey and Donnell," wrote Musgrove's
attorney, John Hamasaki, in an e-mail. "I think the judge's ruling was
appropriate after hearing the evidence as it came in. This was a fight,
and misdemeanor conduct at worst."
Hamasaki had attempted to grill White on the fact he lists "kicking ass"
as one of his favorite activities on Facebook as well as posting he was attacked by "armed thugs" on
white nationalist website Stormfront
under the screen name Kyren. Hamasaki explained to the judge he was
trying to show White was at the rally to "foment discord." But Lee largely rebuffed his efforts: "People can believe a lot of things,
but whether they act on it" is a different matter, she said. Musgrove was filmed in a video
produced by the Golden Gate Minutemen of the May Day rally arguably "fomenting discord" as well, yelling
"Come over here, motherfuckers!" at the counter-protesters while still at the rally. (Check out
the 6:53 mark.)
White had no comment on the reduced charges. The two defendants will
next be in court on June 17 for arraignment on the misdemeanor charges
and to set a trial date.
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