FILE NAME: TOESE_TUSITALA_J_22492701__REVOKE_20200901.

docx

Multnomah County, Oregon

Department of Community Justice, Centralized Intake
421 SW 5th Avenue, 6th Floor, Portland, OR 97204
(503) 988-3081 phone (503) 988-3086 fax
http://multco.us/dcj

PURPOSE OF REPORT: REVOCATION RECOMMENDATION

DATE: September 1, 2020

PPO: HEATHER FOWLER - COMPACT

NAME: Toese, Tusitala J DOB: 05/25/1996 SID: 22492701

ADDRESS: UNKNOWN, PORTLAND, OR 97204

TO: Judge DAILEY

COUNTY: MULT
CASE NO: 18CR43660/02
CRIME(S): ASSA IV
RISK LEVEL: LOW
GRID BLOCK: NSGL
SENTENCE: 2y
EXPIRATION DATE: 01/13/2022

FINANCIAL OBLIGATIONS:
Court Ordered: Waived
Restitution/Compensatory Fine:
Amount: $1,821.60 Balance: $1,821.60 Last Payment Date: none

VIOLATIONS/SUBSTANTIATIONS:
1. Violation of general condition: Abide by PO directive.

Mr. Toese is supervised in the State of Washington under the terms of the Interstate Compact Agreement. A
condition of supervision imposed by Washington requires Mr. Toese to obtain permission from his supervising
Community Corrections Officer (CCO) before leaving Clark County, Washington. On 6/15/20 and 6/16/20, I
began receiving emails, phone calls and voicemails from people who reported Mr. Toese had participated in an
assault that occurred outside of the Capitol Hill Autonomous Zone (CHAZ) in Seattle, Washington. Several of
the emails included a link to a video, which shows Mr. Toese push another man while some of his associates
punch the man and throw the man’s cell phone to the ground, breaking it. Another video shows Mr. Toese and
his group walking through the CHAZ area.

I forwarded this information to Mr. Toese’s Washington CCO and asked if Mr. Toese had received permission
to be in Seattle. I later received notification from Washington that Mr. Toese did not have permission to be in
Seattle at that time.

2. Violation of special condition: GPS monitoring.

3. Violation of general condition: Report as required and abide by PO directive.
4. Violation of general condition: Not change residence without prior permission.

A warrant was issued in June based on the allegation above. Mr. Toese turned himself in on 6/24/20. At his
arraignment the following day, Judge Dahlin released Mr. Toese and placed him on house arrest. Judge
Dahlin ordered Mr. Toese was only allowed to leave his residence for court appearances, work and medical
appointments. On 6/26/20 I spoke to Mr. Toese. Mr. Toese stated he would be residing at 17006 NE 72nd Ave
in Vancouver, with a friend. He reported working security at two bars in Vancouver and stated they were
located close together. Mr. Toese stated he typically works Monday, Tuesday, Friday and Saturday 7pm-
2:30am, and is on call for the same hours on Wednesday and Thursday. During that conversation Mr. Toese
said he sometimes works at both bars the same evening. I told him while he was on EM, he would be allowed
to travel between the two locations during his work hours but was only allowed to go between work locations
and home. I asked Mr. Toese if he had any medical appointments scheduled. He stated he was pretty healthy
and did not have any reason to seek medical treatment.

I was not able to get an appointment for Mr. Toese at VigilNet until the following Monday. I reminded Mr.
Toese the Judge’s order is still in effect and he was only to leave his residence to travel to/from work between
the hours of 6:30pm-3am. Mr. Toese stated he understood those instructions. I also directed him to text me
each day when he leaves for work and when he leaves work and gets home until he is given the EM bracelet. I
provided him with my cell phone number as well as my office line, which is forwarded to my cell phone.

On 6/29/20, I received notification that Mr. Toese did not report for his scheduled EM hookup appointment. I
called Mr. Toese and asked him why he had missed the appointment. Mr. Toese stated his ride had been late
but he was on his way. I asked Mr. Toese why he didn’t text me this weekend like he had been directed. Mr.
Toese claimed he did and then called the number and got my voicemail. I told him I had not received any
voicemails over the weekend. He said he didn’t know why he didn’t leave one. I again provided Mr. Toese
with both my office phone and cell phone numbers. After confirming VigilNet could still complete the hookup, I
directed Mr. Toese to get to their office immediately. Mr. Toese contacted me after his appointment at VigilNet
and asked if he could stop at a store to pick up a shirt he needed for work that night. I told him this was the
only stop he would be allowed to make and reiterated the Court’s parameters of what travel he would be
allowed to do. Mr. Toese stated he understood.

On 7/13/20, I discovered three text messages from Mr. Toese that had been sent over the weekend. The first
stated he needed to move to his Mom’s house because his friend was ‘pissing me off”. Mr. Toese also
provided his mother’s address. The second message, indicated he needed to go pick up the charger for his
ankle monitor. In the third message, left just after midnight on 7/12/20, Mr. Toese stated he had a family
emergency in Woodland. After reading these messages, I responded via text to Mr. Toese asking him how
soon he would be moving and informing him he was not authorized to travel to Woodland. Mr. Toese did not
respond to my text message. On 7/14/20 I texted Mr. Toese again, directing him to call me ASAP. A check of
GPS records for that weekend shows the following activity outside of the parameters of the restrictions
established by Judge Dahlin:

7/10/20: Goes to work at 6:15pm.

Leaves work at 1:09am goes to listed residence address (NE 72nd Ave).
Leaves residence at 1:37am and travels to what he identified as his mom’s address.

7/11/20: Leaves mom’s address at 4:10pm and travels to NE 72nd Ave address.
Leaves 72nd Ave house at 4:56pm and travels to work.
Leaves work at midnight and travels to Woodland, WA.

7/12/20: Leaves Woodland at 4:47am and travels to mom’s house.

7/15/20: Left mom’s house from 4:47am, traveling east on Mill Plain Blvd (away from the location of his
employment), went through a residential area before traveling back to mom’s house at 4:54am.
Also, stopped at shopping center on his way to work later that day.

7/19/20: Left mom’s residence for an hour. It should be noted, this is not a scheduled work day.

7/20/20: Left mom’s residence, stopping at Walmart on his way to work.

Left work and returned to mom’s house, but left again shortly after arriving and traveled to the Wilson
Creek Apartments in Vancouver, where he remained until 6:29am.

7/21/20: Left work at 7:45pm and travels to Leroy Hagen Park in Vancouver where he remained until 8:13pm,
then he returns to work.
Mr. Toese did not obtain permission prior to moving to his mother’s and was not given permission to go
anywhere with the exception of to and from work.

5. Violation of general condition: Report as directed.

On 7/29/20 I texted Mr. Toese and directed him to report to the Mead Building the following day in order to pick
up a travel permit that would enable him to continue staying in Vancouver until his scheduled PV hearing. Mr.
Toese responded, stating he knew I was going to arrest him but would report. Mr. Toese did not report as
directed and has not responded to any of my subsequent texts or voicemails.

6. Violation of special condition: No participation in mass demonstrations or protests in Multnomah

County for the probation term.

The above listed condition was imposed at the time Mr. Toese was sentenced to probation in this case. On
August 22, 2020 a rally was held outside of the Justice Center, located in Multnomah County. Mr. Toese is
seen in photos, like the one below, outside of the Justice Center.

Local news stations also showed video of Mr. Toese outside the Justice Center, speaking to the crowd around
him with a megaphone the same day. During a portion of one of the videos, Mr. Toese identifies himself.
Additionally, according to Portland Police Bureau report #20-801822, on that date Sgt. Pete Simpson reports
seeing several Twitter posts showing Mr. Toese participating in the protest outside of the Justice Center.

7. Violation of general condition: Pay all fines and fees as ordered.

Mr. Toese was ordered to pay restitution in this case. According to information received from Philip Abraham at
the Restitution Collection Program, on 1/14/20 Mr. Toese established a payment plan with that office and agreed
to pay $100 per month beginning 3/15/20. As of the writing of this report, no payments have been received
toward that obligation.

SUPERVISION SUMMARY / CONFORMANCE:

Mr. Toese reported to the Courthouse ARC office the same day as his sentencing. He reported being a
Washington resident and was instructed to report to the Mead ARC office on 1/15/20 to initiate an Interstate
Compact transfer. He reported 1/15/20 as directed and the transfer was submitted. Reporting instructions
were approved on 1/16/20 and Washington accepted supervision 3/12/20.

On 5/14/20, DDA Vasquez called me stating one of his coworkers received a photo showing Mr. Toese
reportedly at a rally in Salem, and wanted to let me know about it. He forwarded me a copy of the email that
had been received by the DA’s office staff. While I was reviewing the information and checking online for
reports of the protest, DDA Vasquez sent another email with a larger version of the photo. I recognized some
of the landmarks in the background as being in Battleground, Washington. I also located the Twitter account
for the person who had posted the picture and after reviewing the post that contained the photo in question it
appeared the photo was taken during a rally in Battleground.

On the evening of 6/4/20, PPB Officer Branden Combs contacted Senior Manager (SM) Lewis at recog after
Mr. Toese was seen outside of the Nike store in downtown Portland, approximately 5 blocks away from the
protests that were being held. PPB also provided SM Lewis a link to a video of Mr. Toese driving and talking
about the protests and rioting. In the video, he stated, “I’m out here” and “I’m taking a stand” and encourages
his viewers to use violence against looters who cause problems. That night and the following day, I received
numerous voicemail messages about Mr. Toese being in Portland. I also received copies of emails that had
been sent to the Court regarding this.

On 6/5/20 I forwarded several of the emails and photos to Washington, asking if Mr. Toese had permission to
be in Oregon and requested that any travel permit he did have allowing him to be in Oregon be rescinded until
the protesting ended. On 6/5/20, I received word from Washington that Mr. Toese had not had permission to
be in Oregon. They contacted him and directed him to report that day, which he did. Mr. Toese admitted
leaving Washington without permission and being in Multnomah County 6/4/20 where protests were being
held. He was sanctioned to increased reporting until 7/1/20, likely due to Covid related jail restrictions. A
report documenting this was submitted electronically the same day.

Less than two weeks later, Mr. Toese again violated his geographic restrictions and participated in a physical
altercation. During that altercation, associates of Mr. Toese are in possession of what appears to be an ASP
baton as well as a firearm. It appears the altercation occurred when the victim tried to use his cell phone to
record something inside the van Mr. Toese and his associates were in. This video can be provided to the
Court if requested. At the same time I also received emails and voicemails from the community regarding a
post Mr. Toese allegedly made on his Facebook page, which includes a video. In the video, Mr. Toese speaks
about the time for ‘Patriot vs Antifa’ being around the corner. He continues by stating, “If we can’t talk sense
into you, we’re gonna smack it into you.”

Following Mr. Toese’s arrest on the warrant issued in relation to allegation #1, Washington elected to close
their interest in his case and are no longer providing supervision. If continued on supervision, a new transfer
request can be submitted, however Mr. Toese will be required to reside in Oregon until Washington completes
their investigation and approves his transfer.

Based on his behavior in Seattle, it is apparent the previous administrative sanction did not initiate any
behavior change. Mr. Toese was afforded the ability to remain out of custody, on house arrest, pending the
resolution of allegation #1 above. Although he was initially compliant with those restrictions, within a few
weeks Mr. Toese moved without prior permission and began going to locations that were not permitted and
stopped charging the electronic monitoring equipment as instructed.

Following Mr. Toese’s appearance at the rally in Portland on 8/22/20 I received several voicemails from people
the community who were reporting his presence, one of which stated he had punched a woman in the face and
that the incident had been captured on video. According to Portland Police Bureau report #20-801822, Sgt.
Pete Simpson reports locating a video on Twitter showing Mr. Toese involved in an altercation with several
people, two of which he punched. It does not appear any charges have been filed in relation to this event at
this time.

Based on his actions over the last few months, Mr. Toese has shown that he is not willing to comply with
supervision requirements.

RISK/RESPONSIVITY PROFILE:
The Level of Service Case Management Inventory (LS/CMI) is validated a risk assessment and case
management tool. The LS/CMI enables the interviewer to assess an offender’s risk of recidivism and produce a
quantitative assessment of the factors most relevant to the level of service, supervision, and programming
required. It combines risk assessment and case management into one evidence-based system. An LS/CMI has
not been completed.

RATIONALE / RECOMMENDATION:
In accordance with Multnomah County’s sanctioning guidelines, and considering that
an administrative sanction in this instance is not likely to be effective in producing positive offender change
the public safety risk is such that community safety will best be served through a significant period of
incarceration, the following recommendation is provided for the Court’s consideration.

Find in violation. Revoke probation and sentence to 1 year jail.

__________________________ __________________________
HEATHER FOWLER LONNIE NETTLES
Parole & Probation Officer Supervisor
Email: [email protected]
Phone: 503-988-8491

c: Court (X) DA (X) File (X)