Footage obtained by the Guardian shows the officers had probable cause to arrest members of the Patriot Prayer group

This article is more than 1 year old

This article is more than 1 year old

A far-right leader and Portland police officers made a deal to avoid the arrest of members of the Patriot Prayer group, despite the officers having probable cause to do so, according to video footage obtained by the Guardian.

The video, excerpted from livestream by Patriot Prayer group leader Joey Gibson, shows a violent demonstration in Portland on 3 June 2018. In it, Portland police bureau officers say that the deal had been authorized by Lt Jeff Niiya, then commander of PPB’s rapid response team, who has been recently criticized for having an overly friendly relationship with Gibson.

Patriot Prayer’s stated beliefs are not overtly white supremacist, but critics say its protests and gatherings attract racist elements and it is often involved in violent confrontations.

The video excerpt shows two police officers approaching Gibson near the end of the day. One officer says, “I just talked to Jeff Niiya, and he asked me to tell you that he has probable cause to arrest a couple of the guys here.

“They’ve arrested the other side, so it’s not singling you guys out,” the officer adds.

“But it’s time to go,” the officer says. “If you guys can go home, there won’t be any arrests.”

Portland police and far-right leader had friendly relationship, texts reveal Read more

After Gibson asks who the officers are going to arrest, the officer says: “You want me to tell you? These guys here.” At which point Gibson’s camera turns towards where Tusitala “Tiny” Toese and another man are sitting wearing Patriot Prayer T-shirts.

Toese was not among the four arrests that Portland police announced in the wake of the rally, which saw Toese brawling with counter-protesters in the streets of the city’s downtown area.

Zakir Khan, spokesman for the Oregon chapter of the Council on American-Islamic Relations (Cair) said: “I’m troubled to see such highly discretionary and arbitrary policing happening.

“Undoubtedly, when officers are given this much latitude in a historically racist city and state, that latitude will lead to biased outcomes. Portlanders of color have fallen victim to this system for decades prior to these recent events,” Khan added.

Asked about the video, a PPB spokeswoman, Lt Kristina Jones, said in an email: “There is an open investigation, so I am unable to comment on pending personnel matters. I have forwarded the video to our investigators for review.”

Earlier this month, Niiya stepped aside amid scandal, while explosive texts between him and Gibson are subject to an independent investigation initiated by Mayor Ted Wheeler.

US hate groups have seen ideas enter mainstream in Trump era, report finds Read more

Niiya has been broadly criticized for an overly friendly attitude to Gibson in text exchanges. In one exchange in December 2017, he tells Gibson that PPB will not arrest Toese, despite the existence of a warrant.

“Just make sure he doesn’t do anything which may draw our attention,” Niiya texts Gibson. “If he still has the warrant in the system (I don’t run you guys so I don’t personally know) the officers could arrest him. I don’t see a need to arrest on the warrant unless there is a reason.”

In that exchange he also says that officers have previously ignored Toese’s warrants.

Gibson confirmed the 3 June conversation, but defended Niiya’s policing methods, which he told the Guardian were “consistent with every single officer I have been in communication with all over the country”.

“He is always respectful. His main thing is de-escalation, that’s what he was always talking about.

“There are several text messages where he is begging me to leave Portland,” he added.

Gibson’s remarks resembled the defense of Niiya made by the Portland Police Association union.

Just five days after the 3 June protest, Toese and another of the far-right Proud Boys group, Donovan Flippo, who has also been a regular attendee at Patriot Prayer rallies, allegedly attacked a man in Portland. Last Wednesday, they were indicted by a grand jury over that incident.

Asked about the indictment in a Facebook message, Toese wrote: “I will stand court and defend my innocence.”

Niiya’s texts have led to renewed criticisms of the city’s ability to manage repeated protests by the far right group, and accusations of police bias.

A “listening session” convened to air public discussion about Niiya’s texts on 21 February was dominated by bitter criticisms of the PPB.