21CR61225: Difference between revisions

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== State of Oregon v [[Tusitala "Tiny" Toese]] ==
== State of Oregon v [[Tusitala "Tiny" Toese]] ==
This case revolves around the actions of Tiny Toese and others in the Parkrose neighborhood of Portland in August 2021, where they took over the parking lot of a closed K-Mart for a far right rally after being chased away from their original downtown location by a concentrated leftist counterprotest. The day eventually ended up with a urban battle on the streets of Parkrose while the police, at the Mayor's direction, stood back and merely surveilled.
Tiny was released from pre-trial custody in June 2022, but an affidavit filed in November 15, 2022 claims that he has let his GPS ankle monitor run out and is out of contact with pre-trial release offices. That day a nationwide warrant was issued for his arrest.
On January 19th, 2023, he was arrested on his failure to appear warrant. The next day, a new bail was set for $1M ($100,000 cash) with the prior $85,000 raised for him by supporters forfeit<ref>Forfeiture under ORS 135.280(3) https://oregon.public.law/statutes/ors_135.280</ref> by Judge Celia Howes. During the hearing, the defense claimed that Mr. Toese was homeless at the time the GPS ran out, and that the new bail of $1.5M the state was asking was excessive due to him working a minimum wage job. The state countered that he had been picked up on the warrant after a domestic violence call in Washington state (a similar DV call was responsible for his initial arrest in March 2022) and that he had accrued several new warrants in Washington state, but declined to explain what those warrants were for. They also explained that Mr. Toese hadn't raised the original $85K for bail himself, that it was spearheaded through Proud Boys, of which he is or was a member, and other like minded groups.
==Charges==
==Charges==
{| class="wikitable"
{| class="wikitable"
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!Date
!Date
!Event
!Event
!FTR Audio<ref>FTR Audio is a proprietary software format, and requires the use of free software from For The Record, available [https://content.fortherecord.com/ftrwebplayer/ here]</ref>
!FTR Audio<ref name="FTR">{{FTR}}<</ref>
!MP3
!MP3
!YouTube
!YouTube
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|Motion
|Motion
|[https://cdn.raindrop.works/2022/03/24134610/21CR61225-20220323-Motion_Recog.pdf Recognizance Release]
|[https://cdn.raindrop.works/2022/03/24134610/21CR61225-20220323-Motion_Recog.pdf Recognizance Release]
|-
|3/23/2022
|Affidavit
|[https://cdn.raindrop.works/2022/03/24135217/21CR61225-20220323-Affidavit.pdf Support of Application for "Violent Felony Determination"]
|-
|3/23/2022
|Motion
|[https://cdn.raindrop.works/2022/03/24155606/21CR61225-20220323-Motion.pdf Preliminary Violent Felony Determination]
|-
|3/23/2022
|Notice
|[https://cdn.raindrop.works/2022/03/24165046/21CR61225-20220323-Notice.pdf Representation]
|-
|3/23/2022
|Order
|[https://cdn.raindrop.works/2022/03/29132816/21CR61225-20220323-Order.pdf Representation]
|-
|3/25/2022
|Call
|Preventative Detention - Presiding Judge (Bushong)
|-
|3/28/2022
|Hearing
|<s>Custody Issue</s> - Cancelled
|-
|3/31/2022
|Call
|Preventative Detention Hearing Scheduling
|-
|3/31/2022
|Memorandum
|[https://cdn.raindrop.works/2022/04/02194357/21CR61225-20220331-Memorandum.pdf In Support of Motion to Deem Offenses Not Releasable Under ORS 135.240]
|}
=== Q2 2022 ===
{| class="wikitable"
!Date
!Filing
!Information/Documents
|-
|4/1/2022
|Hearing
|Custody Issue
|-
|4/4/2022
|Order
|[https://cdn.raindrop.works/2022/04/04113525/21CR61225-20220404-Order.pdf Setting bail and other release conditions]
|-
|5/4/2022
|Call
|Regular - Presiding Judge (Matarazzo)
|-
|6/10/2022
|Call
|Presiding Judge
|-
|6/13/2022
|Order
|[https://cdn.raindrop.works/2022/06/13132413/21CR61225-20220613-Release.pdf Release Order and Agreement]
|-
|6/14/2022
|Hearing
|Case Management (Judge Albrecht)
|-
|6/21/2022
|Hearing
|<s>Settlement Conference (Judge Frantz)</s> - Cancelled
|}
=== Q3 2022 ===
{| class="wikitable"
!Date
!Filing
!Information/Documents
|-
|8/12/2022
|Call
|Presiding Judge
|}
=== Q4 2022 ===
{| class="wikitable"
!Date
!Filing
!Information/Documents
|-
|10/14/2022
|Hearing
|<s>Settlement Conference</s> - Cancelled
|-
|10/24/2022
|Order
|[https://cdn.raindrop.works/2022/11/22213514/21CR61225-20221024-Order.pdf Postponement]
|-
|11/15/2022
|Affidavit
|[https://cdn.raindrop.works/2022/11/22213949/21CR61225-20221115-Affidavit.pdf Revoking pre-trial release]
|-
|11/15/2022
|Order
|[https://cdn.raindrop.works/2022/11/22214224/21CR61225-20221115-Order.pdf Bench Warrant]
|-
|11/23/2022
|Hearing
|<s>Settlement Conference</s> - Cancelled due to warrant
|-
|12/5/2022
|Call
|<s>Regular</s> - Cancelled due to warrant
|}
=== Q1 2023 ===
{| class="wikitable"
|+
!Date
!Filing
!Information/Documents
|-
|1/20/2023
|Hearing
|New Dates
|-
|1/20/2023
|Warrant
|Return of Service<ref>{{Dox}}</ref>
|-
|1/20/2023
|Order
|[https://cdn.raindrop.works/2023/01/20140059/21CR61225-20230120-Order.pdf Appear]
|-
|2/3/2023
|Call
|
|}
=== Q2 2023 ===
{| class="wikitable"
|+
!Date
!Filing
!Information/Documents
|-
|4/18/2023
|Hearing
|Case Management
|-
|
|
|
|-
|
|
|
|}
|}

Latest revision as of 02:40, 24 January 2023

State of Oregon v Tusitala "Tiny" Toese

This case revolves around the actions of Tiny Toese and others in the Parkrose neighborhood of Portland in August 2021, where they took over the parking lot of a closed K-Mart for a far right rally after being chased away from their original downtown location by a concentrated leftist counterprotest. The day eventually ended up with a urban battle on the streets of Parkrose while the police, at the Mayor's direction, stood back and merely surveilled.

Tiny was released from pre-trial custody in June 2022, but an affidavit filed in November 15, 2022 claims that he has let his GPS ankle monitor run out and is out of contact with pre-trial release offices. That day a nationwide warrant was issued for his arrest.

On January 19th, 2023, he was arrested on his failure to appear warrant. The next day, a new bail was set for $1M ($100,000 cash) with the prior $85,000 raised for him by supporters forfeit[1] by Judge Celia Howes. During the hearing, the defense claimed that Mr. Toese was homeless at the time the GPS ran out, and that the new bail of $1.5M the state was asking was excessive due to him working a minimum wage job. The state countered that he had been picked up on the warrant after a domestic violence call in Washington state (a similar DV call was responsible for his initial arrest in March 2022) and that he had accrued several new warrants in Washington state, but declined to explain what those warrants were for. They also explained that Mr. Toese hadn't raised the original $85K for bail himself, that it was spearheaded through Proud Boys, of which he is or was a member, and other like minded groups.

Charges

Count Charge Statute Severity Date Filed Pleading
1 Assault in the Second Degree 163.175 Felony B 8/22/2021 Not Guilty
2 Assault in the Third Degree 163.165(2)(a) Felony C 8/22/2021 Not Guilty
3 Assault in the Second Degree 163.175 Felony B 8/22/2021 Not Guilty
4 Assault in the Second Degree 163.175 Felony B 8/22/2021 Not Guilty
5 Assault in the Third Degree 163.165(2)(a) Felony C 8/22/2021 Not Guilty
6 Unlawful Use of a Weapon 166.220 Felony C 8/22/2021 Not Guilty
7 Unlawful Use of a Weapon 166.220 Felony C 8/22/2021 Not Guilty
8 N/A [2]
9 Riot 166.015 Felony C 8/22/2021 Not Guilty
10 Riot 166.015 Felony C 8/22/2021 Not Guilty
11 Criminal Mischief in the First Degree 164.365 Felony C 8/22/2021 Not Guilty
12 Criminal Mischief in the First Degree 164.365 Felony C 8/22/2021 Not Guilty

Media

Date Event FTR Audio[3] MP3 YouTube
4/1/2022 Hearing - Custody Issue ZIP (93.4MB) MP3 (73.6MB) 1 hr 32 min

Court Records

Q4 2021

Date Filing Information/Documents
12/16/2021 Secret Indictment PDF

Q1 2022

Date Filing Information/Documents
3/23/2022 Arraignment
3/23/2022 Warrant Return of Service
3/23/2022 Motion Recognizance Release
3/23/2022 Affidavit Support of Application for "Violent Felony Determination"
3/23/2022 Motion Preliminary Violent Felony Determination
3/23/2022 Notice Representation
3/23/2022 Order Representation
3/25/2022 Call Preventative Detention - Presiding Judge (Bushong)
3/28/2022 Hearing Custody Issue - Cancelled
3/31/2022 Call Preventative Detention Hearing Scheduling
3/31/2022 Memorandum In Support of Motion to Deem Offenses Not Releasable Under ORS 135.240

Q2 2022

Date Filing Information/Documents
4/1/2022 Hearing Custody Issue
4/4/2022 Order Setting bail and other release conditions
5/4/2022 Call Regular - Presiding Judge (Matarazzo)
6/10/2022 Call Presiding Judge
6/13/2022 Order Release Order and Agreement
6/14/2022 Hearing Case Management (Judge Albrecht)
6/21/2022 Hearing Settlement Conference (Judge Frantz) - Cancelled

Q3 2022

Date Filing Information/Documents
8/12/2022 Call Presiding Judge

Q4 2022

Date Filing Information/Documents
10/14/2022 Hearing Settlement Conference - Cancelled
10/24/2022 Order Postponement
11/15/2022 Affidavit Revoking pre-trial release
11/15/2022 Order Bench Warrant
11/23/2022 Hearing Settlement Conference - Cancelled due to warrant
12/5/2022 Call Regular - Cancelled due to warrant

Q1 2023

Date Filing Information/Documents
1/20/2023 Hearing New Dates
1/20/2023 Warrant Return of Service[4]
1/20/2023 Order Appear
2/3/2023 Call

Q2 2023

Date Filing Information/Documents
4/18/2023 Hearing Case Management
  1. ↑ Forfeiture under ORS 135.280(3) https://oregon.public.law/statutes/ors_135.280
  2. ↑ The charging document in this case covered multiple defendants. This defendant was not charged in this particular line.
  3. ↑ FTR Audio is a proprietary software format, and requires the use of free software from For The Record, available here.<
  4. ↑ In an attempt to mitigate the use of our platform for illegal doxxing, some records may not be made directly available on our site. For more information on HB 3047 and 3273 that are guiding this, please see our ORS 30.835 page.
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