California Professor Avoids Prison in Plea Deal After Striking Pro-Israel Protester Who Died

The Jewish community expressed outrage after a California district attorney's office indicated that a community college professor could avoid a lengthy prison sentence for striking an elderly pro-Israel protester with a megaphone. The blow caused 69-year-old Paul Kessler to fall backward onto the ground. He later died at the 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. The incident occurred during dueling pro-Israel and pro-Palestinian protests in Thousand Oaks, Ventura County, California, in 2023. Kessler was standing across the street when Alnaji hit him in the head with a megaphone. Kessler fell, went to the hospital and died shortly after.

The clash happened amid tensions from the Israel-Hamas war and rising antisemitism concerns in the United States. Alnaji originally faced up to four years in prison. He fought the charges but changed his plea on Tuesday. The court indicated it is likely to place him on formal probation with up to 365 days in jail, according to the Ventura County District Attorney's Office, which voiced displeasure with the development.

Ventura County Superior Court Judge Derek Malan offered the probation deal if Alnaji changed his plea, according to the Ventura County Star. The judge likened the altercation to a dispute between two old guys where an accident happened. Defense attorney Ron Bamieh said the offer followed multiple meetings between him and the judge.

A defense source familiar with the case said the district attorney's office took part in those talks, despite public statements showing unhappiness with the outcome. The source claimed the office adopted a harsher public stance for political reasons.

"Alnaji should be sentenced to prison for his violent behavior, and our office strongly objects to any lesser sentence," District Attorney Erik Nasarenko said. "While no amount of punishment will ever fully account for the Kessler family loss, a prison commitment underscores the severity of this crime and will deter others from committing similar acts of violence."

A prosecutor said Kessler's family opposed the sentence and wanted the maximum term.

The defense source said the victim's family previously sought a quick, quiet resolution without a trial and held no strong view on sentencing. The source contested claims that witnesses saw the full incident and pointed to contradictions in accounts portraying Alnaji as the aggressor.

"Mr. Alnaji made a thoughtful decision today, one guided by his family's well-being and a deep concern for community peace," Bamieh said in a statement. "The tragedy that befell Mr. Kessler, compounded by the geopolitical tensions surrounding Israel and Gaza, led Mr. Alnaji to reconsider pursuing a full trial. The evidence regarding Mr. Kessler's aggressive conduct, his history of advocating violence and antagonistic tactics at pro-Palestinian rallies, and most critically, his brain stem condition—all of these facts would likely have shifted the outcome of a trial."

The defense argued that a pre-existing brain injury, not blunt force trauma, caused Kessler's death.

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

Jonathan Oswaks, a friend of Kessler's who attended the rally, called the sentencing news deeply frustrating in an interview with the Jewish Journal.

"I’m not a lawyer, but the way this was handled raises serious questions for me. It sends a troubling message about accountability," Oswaks said.

Oswaks described pro-Palestinian protesters vastly outnumbering their group that day. After he and Kessler split up, protesters approached him, stood inches from his face, yelled in his ear and used a megaphone. "When I tell you I had never experienced that level of hate in my life, I hadn’t," he said. He told them to back off, and they eventually did.

The Anti-Defamation League criticized the likely sentencing outcome, saying it emboldens others to act in anger against the Jewish community.

Rabbi Noah Farkas, president and chief executive of the Jewish Federation of Los Angeles, said while a harsher sentence would have been preferred, he welcomed Alnaji's admission of guilt for the heinous crime, according to the L.A. Times. "Our hope is that today’s news helps bring closure to his family and gives our community the ability to demonstrate safely," Farkas added.

Alnaji's sentencing is set for June 25. He remains at home after posting $50,000 bail.