In a huge blow to prosecutors, a Multnomah County Circuit Court judge swiftly ended the trial of Patriot Prayer leader Joey Gibson and one of his compatriots Tuesday — ruling that the state had failed to provide sufficient evidence that either man had committed the crime of riot during a brawl outside a Portland bar in 2019.
Circuit Judge Benjamin Souede acquitted Gibson, now 38, and Russell Schultz, 52, after the state rested its case — ruling that no reasonable juror could convict the duo based on the evidence presented.
“I am somewhat bewildered that the state has driven the case to this point,” said Souede. “As an institution, the district attorney’s office’s decision to push this case to trial is surprising, given the state of the evidence.”
Gibson bowed his head as the judge read aloud his ruling, and was later congratulated by several supporters in the courtroom hallway.
The judge declined to acquit a third defendant, 32-year-old Mackenzie Lewis, who was being tried jointly with Gibson and Schultz. Lewis’ attorney is expected to present his case Tuesday afternoon.
This is a breaking news story and will be updated.
— Zane Sparling; zsparling@oregonian.com; 503-319-7083; @pdxzane