Date: 01-08-2021

Case Style:

Case Number: 3:20-cr-00114-PDW

Judge: Peter D. Welte

Court: United States District Court for the District of North Dakota (Cass County)

Plaintiff's Attorney: United States District Attorney’s Office, Fargo, North Dakota

Defendant's Attorney:

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Description: Fargo, ND - Criminal defense lawyer represented defendant charged with civil disorder.

On May 30, 2020, Errick Toa, age 31, of Fargo, North Dakota, was charged with civil disorder, 18 U.S.C. 231 (a)(3), for participating in riots that erupted in Fargo in response to George Floyd’s death in Minneapolis. What started as peaceful protest in Fargo turned violent when rioters, including Toa, jumped on top of a Fargo Police Department vehicle causing extensive damage. In one instance, Toa is seen on video stomping on the windshield of an occupied police vehicle, shattering the windshield.

"Peaceful assembly and protest help form the foundation of our democracy, but intimidation is not speech, violence is not speech, and destruction is not speech" said US Attorney Drew Wrigley, "those who employ the tactics of hate and violence have crossed a bright red line and will be brought to justice."

This case was investigated by the Federal Bureau of Investigation and the Fargo Police Department, and is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Richard Lee assigned to the case.

18 U.S.C. provides:

(a)
(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or
(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or
(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function—

Shall be fined under this title or imprisoned not more than five years, or both.
(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

Outcome: 01/06/2021 32 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Change of Plea Hearing held on 1/6/2021 as to Errick Steven Toa. Errick Steven Toa Guilty Count 1. (Court Reporter kk) (lh) (Entered: 01/06/2021)
01/06/2021 33 NOTICE OF HEARING as to Errick Steven Toa: Sentencing set for 4/13/2021 at 01:30 PM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (lh) (Entered: 01/06/2021)

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Defendant's Experts:

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