Right-Wing activist 'Based Stickman' gets probation for actions at 2017 Berkeley rally

FILE - Kyle Chapman speaks during the "Resist Marxism" rally on Boston Common on Nov. 18, 2017. FILE - Kyle Chapman speaks during the "Resist Marxism" rally on Boston Common on Nov. 18, 2017. Photo: Boston Globe/Boston Globe Via Getty Images Photo: Boston Globe/Boston Globe Via Getty Images Image 1 of / 5 Caption Close Right-Wing activist 'Based Stickman' gets probation for actions at 2017 Berkeley rally 1 / 5 Back to Gallery

OAKLAND (BCN) — A judge lectured right-wing activist Kyle Chapman on Wednesday when he sentenced him to five years' probation for his conviction for felony possession of a leaded cane at a rally in Berkeley in 2017.



Alameda County Superior Court Judge Mark McCannon told Chapman, a 43-year-old Daly City man, "You have a right to protest but peaceful protests have more influence than violent protests."



Chapman, who also goes by the name "Based Stickman," was charged for his actions at the "March 4 Trump" rally at Martin Luther King Jr. Civic Center Park in Berkeley on March 4, 2017, in which Trump supporters clashed with counter-protesters.



McCannon told Chapman, "You were armed to the teeth during the protest" and said what could have been a peaceful protest turned violent "and the next thing you know it was a melee."



At a hearing before another judge on Aug. 7, Chapman pleaded no contest to the felony possession of a leaded cane charge in a deal with prosecutors that called for him to be placed on three years' probation.



But when Chapman's case was called in McCannon's courtroom Wednesday, he said Chapman, who has prior convictions for grand theft in San Diego County in 2001 and in Texas in 1993, is statutorily ineligible for probation "absent unusual circumstances," and asked Alameda County prosecutor Matt Golde and Chapman's attorney John Noonan to tell him what those circumstances were.



But after a closed hearing in his chambers that lasted about five minutes, McCannon said, "I discussed the case with the attorneys and its strengths and weaknesses and I do find that unusual circumstances exist," although he didn't say what they were.



However, McCannon increased the length of Chapman's probation from three years to five years.



Chapman, who was dressed in blue pants and a light blue short-sleeved shirt, said, "I was under the impression that it would be three years'" probation.



But McCannon said, "I will not give you three years based on what I read in the police report.



The judge told Chapman he could throw out the plea deal if he wanted to take his case to trial and try to get a shorter sentence, but Chapman said he would consent to five years' probation.



At the rally on March 4, 2017, there were multiple instances of violence between the pro- and anti-Trump groups and Chapman was identified as one of the people causing violence, Berkeley police Officer Darrin Rafferty wrote in a probable cause statement.



A man later identified as Chapman, who was wearing a black baseball helmet, goggles and a backpack with metal buckles, sprayed what appeared to be pepper spray into a crowd of protesters that Chapman's group had been arguing with, according to Rafferty.



A short time later, "Chapman was involved in multiple altercations with many people" and "was swinging what appeared to be a wooden stick at many people," Rafferty wrote.



However, Rafferty said it was unclear if Chapman hit anyone because the camera didn't stay focused on him during the altercation.



Rafferty said that after he reviewed videos of the clash at the rally, "It is clear that Chapman was in possession of a piece of wood that had been fashioned and carried as a weapon."





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