Accused California synagogue shooter charged with federal hate crimes

FILE PHOTO - John Earnest, accused in the fatal shooting at the Chabad of Poway synagogue, stands in court near public defender John O'Connell (L) and a San Diego County Bailiff during an arraignment hearing in San Diego, California, U.S., April 30, 2019. Nelvin C. Cepeda/Pool via REUTERS

By Brendan O’Brien

(Reuters) – A California nursing student accused of a deadly shooting spree in a San Diego-area synagogue and arson at a nearby mosque was charged on Thursday with 109 counts of federal hate crimes and civil rights violations, prosecutors said.

John Earnest, 19, was already charged in state court with one count of murder and three counts of attempted murder in the April 27 attack at the Chabad of Poway synagogue, which left one worshipper dead and three others wounded, including a rabbi.

In the federal complaint, Earnest faces one count for each of the people in the synagogue at the time of the shooting, including 12 children, U.S. Attorney Robert Brewer said.

“The complaint alleges the defendant violently targeted members of the synagogue and mosque for no other reason than his hatred of the Jewish people and those of the Muslim faith,” Brewer said at a news conference.

Earnest pleaded not guilty to the state charges, and to one count of arson on a house of worship stemming from a pre-dawn fire that damaged the Islamic Center of Escondido on March 24. No one was injured in the blaze.

Earnest, who was enrolled at the California State University at San Marcos, was arrested shortly after the synagogue shooting north of San Diego. Authorities linked him to the arson through an online manifesto in which they say he claimed responsibility for setting fire to the mosque.

The author of the violently anti-Semitic, anti-Muslim screed also professed to have drawn inspiration from the gunman who killed 50 people at two mosques in New Zealand earlier in March.

The state charges allege that the synagogue shooting was perpetrated as a hate crime. If convicted of those charges, Earnest would face life in prison without parole, or the death penalty.

In the separate federal criminal complaint filed on Thursday in U.S. District Court in San Diego, Earnest was charged with 54 counts of obstruction of free exercise of religious beliefs resulting in death and bodily injury, plus 54 counts of violating federal hate-crime statutes, Brewer said.

Earnest also was charged with causing damage to religious property involving use of a dangerous weapon or fire.

Authorities said Earnest stalked into the Poway synagogue during Sabbath prayers on the last day of the week-long Jewish Passover holiday and opened fire, killing Lori Gilbert-Kaye, 60. The rabbi, one of three others wounded in the attack, was shot in the hand and lost an index finger.

The gunman’s weapon apparently jammed and he was chased from the temple by a former Army sergeant in the congregation, then sped away in a car as an off-duty U.S. Border Patrol agent shot at the getaway vehicle. Earnest pulled over and surrendered to police soon afterward.

(Reporting by Brendan O’Brien in Milwaukee; Editing by Steve Gorman and Leslie Adler)

Accused California gunman pleads not guilty in synagogue murder, mosque arson

A crowd watches on screen the funeral for Lori Gilbert-Kaye, the sole fatality of the Saturday synagogue shooting at the Congregation Chabad synagogue in Poway, north of San Diego, California, U.S. April 29, 2019. REUTERS/John Gastaldo

By Jennifer McEntee

SAN DIEGO (Reuters) – A 19-year-old man accused of killing one worshipper and wounding three others in a shooting spree in a California synagogue pleaded not guilty on Tuesday to murder and attempted-murder charges in an attack prosecutors are treating as a hate crime.

John Earnest, arrested shortly after Saturday’s bloodshed at the Chabad of Poway synagogue north of San Diego, also pleaded not guilty to a single count of arson on a house of worship stemming from a nearby mosque that was set on fire in March.

Appearing behind a glass partition for his arraignment in San Diego County Superior Court on Tuesday afternoon, Earnest stood expressionless and spoke faintly as he gave one-word answers to procedural questions put to him by the judge.

The lanky defendant – a nursing student enrolled at California State University at San Marcos – wore dark-rimmed glasses with his hair combed straight forward.

Ordering him to remain held without bail, Judge Joseph Brannigan said Earnest would pose “an obvious and extraordinary risk” to the public if he were to be released pending trial.

The proceeding was attended by six Hasidic Jewish men who sat in the front row of the courtroom, dressed in the traditional dark garb of the Jewish ultra-Orthodox faithful.

Authorities said Earnest stalked into the Poway synagogue during Sabbath prayers on the last day of the week-long Jewish Passover holiday and opened fire with an assault-style rifle, killing 60-year-old worshipper Lori Gilbert-Kaye

Three others were wounded in the attack, including the rabbi, who was shot in the hand and lost an index finger.

John Earnest, accused in the fatal shooting at the Chabad of Poway synagogue, stands in court during an arraignment hearing in San Diego, California, U.S., April 30, 2019. Nelvin C. Cepeda/Pool via REUTERS

John Earnest, accused in the fatal shooting at the Chabad of Poway synagogue, stands in court during an arraignment hearing in San Diego, California, U.S., April 30, 2019. Nelvin C. Cepeda/Pool via REUTERS

RAMBLING MANIFESTO

The gunman, whose weapon apparently jammed, was chased out of the temple by a former Army sergeant in the congregation, then sped away in a car, escaping an off-duty U.S. Border Patrol agent who shot at the getaway vehicle but missed the suspect. Earnest pulled over and surrendered to police soon afterward.

Authorities said later they believed Earnest was the author of a rambling, violently anti-Semitic, anti-Muslim “manifesto” found posted on the internet under his name.

In it, the writer claimed responsibility for a pre-dawn arson fire on March 24 that damaged the Islamic Center of Escondido, a town about 15 miles (24 km) north of Poway, and professed to have drawn his inspiration from the gunman who killed 50 people at two mosques earlier that month in New Zealand.

Saturday’s bloodshed near San Diego came six months to the day after 11 worshippers were fatally shot at a Pittsburgh synagogue in a massacre that ranks as the deadliest ever on American Jewry. The accused gunman in that attack was arrested.

Authorities said Earnest had no prior criminal record.

Besides the charge of committing arson at a place of worship, he is charged with one count of murder and three counts of attempted murder. The criminal complaint, filed on Monday, also alleges the synagogue shooting was perpetrated as a hate crime. His public defender entered not guilty pleas to all charges on his behalf during Tuesday’s hearing.

If convicted, he would face life in prison without parole, or the death penalty, the district attorney’s office said.

District Attorney Summer Stephan told reporters afterward Earnest had legally purchased the murder weapon, although current California law generally prohibits rifles and shotguns from being sold to anyone under 21. The state’s legal age limit for such firearms was raised from 18 starting this year.

In addition to the murder weapon, Stephan said, police found five loaded ammunition magazines and another 50 rounds of bullets in Earnest’s vehicle when he was arrested.

(Reporting by Jennifer McEntee in San Diego; Additional reporting by Rich McKay in Atlanta and Peter Szekely in New York; Writing by Steve Gorman; Editing by Bill Tarrant, Jonathan Oatis and Peter Cooney)