Charges Filed in Cal Poly Protest Case – All Misdemeanors, No Conspiracy Count
Rick Toledo in 2024 protesting near the county courthouse. [Photo by Ryan Hutson]
The misdemeanor criminal complaint, filed April 2 and signed by District Attorney Stacey Eads herself, lists three counts: false imprisonment (PC 236), assault (PC 240), and battery (PC 242). All three name Cal Poly faculty member Michael Gordon Moore Jr. as the alleged victim, stemming from events on February 27 – the day students occupied Nelson Hall.
The Social Media Narrative vs. The Complaint
In the weeks since his arrest, Toledo and his supporters have mounted an extensive online campaign drawing solidarity from student organizations and activist groups across the country – from Minneapolis and the Twin Cities to Los Angeles, Jacksonville, and Detroit – in support of Toledo and the demands students brought to Nelson Hall that day.
Based on incomplete early reporting that relied on an arrest booking log, the campaign has described the case as resting on “four felony charges” with the specter of up to 14 years in prison. That framing wasn’t accurate – the original booking listed two straight misdemeanors and two wobblers, not four felonies. The campaign has also called on allied groups to sign a statement by the Committee to Stop FBI Repression, and to donate toward Toledo’s legal costs and lost income. The interim suspension from campus has cost him his job and put his master’s degree in jeopardy.
The Students for a Democratic Society (SDS Humboldt) Instagram page is peppered with reels and posts from allied groups calling for the Humboldt County DA to “drop the charges” and for solidarity with Toledo as a local student organizer at Cal Poly Humboldt. [Screengrab from SDS Humboldt IG account]
The misdemeanor complaint Eads filed on April 2 consists of three counts, each alleging misconduct on February 27 against Michael Gordon Moore Jr.
During the moment in question, Toledo was observed by this reporter with his arms extended in a “T” shape, positioning himself with his back to Moore, as Moore stood behind Toledo visibly annoyed but silent, while Toledo gestured for a few students to deliver snacks and water to those who were inside Nelson Hall participating in the sit-in protest. A photo by Lost Coast Outpost captured the interaction, and was cited as “Exhibit A” in Moore’s request for a workplace violence restraining order.
Originally, Toledo was arrested on four criminal allegations – assault, battery, false imprisonment, and conspiracy to commit a crime. Only three of those charges are being pressed.
Count 1 alleges Toledo “willfully and unlawfully violated the personal liberty” of Moore – false imprisonment under PC 236.
Count 2 alleges he attempted to commit a violent injury against Moore – assault under PC 240.
Count 3 alleges he used “force and violence” upon Moore – battery under PC 242.
The three charges on record are all misdemeanors, apart from the false imprisonment charge, which is a “wobbler’ – meaning that a prosecutor could charge it as a misdemeanor or as a felony. The charge appears on the complaint as a misdemeanor, indicating that DA Eads determined that Toledo’s alleged conduct against Moore did not rise to the degree of a felony.
The conspiracy charge – PC 182(a)(1), recommended by University Police at booking – does not appear in the complaint. Whether DA Eads is still weighing it or has set it aside is not reflected in the public record. Toledo remains the only person arrested in connection with the February 27 incident, which presents an obvious hurdle for a conspiracy charge, which by definition requires a second party. It’s also possible the DA is still reviewing the electronics seized with the search warrant. Under California law, the statute of limitations on misdemeanors is one year from the date of the offense, but the timeline for felony conspiracy is longer, meaning the charge could still be added.
DA Eads confirmed to Redheaded Blackbelt that the AG’s decision to drop the restraining order had no bearing on her office’s charging evaluation. “I will make the charging decision,” she said by email, adding that the investigative report from University Police was under review.
Restraining Order Is Gone
Before the complaint was filed, Toledo had already scored one legal victory. The civil workplace violence restraining order – filed March 3 by Samuel Kim of the California Attorney General’s office on behalf of Cal Poly Humboldt and faculty member Michael Moore – was disposed of without a contested hearing. Court records show a dismissal entered March 24.
Toledo spoke with Redheaded Blackbelt at the Arcata Plaza shortly before the dismissal became final. “As soon as they learned that I had an attorney, they immediately tried to strike a deal,” Toledo said. “They did not want to actually take this to court,” he asserted.
Toledo is interviewed here as to the restraining order being dropped by the California AG’s office. [Video by Ryan Hutson]
He was direct about what he believed that retreat signaled. “If you’re really confident in your case, you wouldn’t be willing to cave,” he said. “That’s not what we saw. We saw that they were very willing to just do whatever it took to come to an agreement to get rid of this case. I think it speaks to the fact that it was an extremely weak case.”
In place of the restraining order, Toledo agreed to a stipulated stay-away order from Moore – terms he said change nothing practically.
“I don’t know Michael Moore,” he said. “This is someone I met once at a protest who has been paid to physically obstruct protesters,” Toledo noted, adding that he had no intention of seeking Moore out for any reason. Toledo further clarified that because he is already temporarily suspended from campus pending a conduct review, he was not likely to run into Moore.
Michael Moore, seen here, barring students and press alike from gaining access to Nelson Hall during the widely scrutinized protest of February 27. [Photo by Ryan Hutson]
The Search Warrant
At the same time the restraining order was being negotiated by his defense counsel, local law enforcement executed a search warrant at Toledo’s Arcata residence.
In an interview with Redheaded Blackbelt following the search warrant being executed, Toledo described coming home to a scene he said he knew immediately was for him.
Here, Toledo discusses the search warrant and the police raid for his technology in late March. [Video by Ryan Hutson]
“I drove into my parking lot, and …like ten cop cars, maybe more,” Toledo said. “They all came over to my car, showed me a warrant, got me out of the car, grabbed my phone and detained me.” Toledo explained that University Police officers put him in handcuffs on the curb during the search of his apartment.
What they took, Toledo said, was his personal computer, his phone, a university-loaned laptop, a body cam from his time as a legal observer that he said he hadn’t used in years, and hard drives he said contained nothing but video games. “Just anything they could get their hands on, really – any of my electronic devices,” he added.
Toledo said he had a clear theory about what investigators were actually after.
“I think that they’re desperate to get that conspiracy charge,” he said. “Because if you look at the other charges, they hold absolutely no water whatsoever. The only way that they could even conceive of doing that would be to take my devices and look through all my communications and try to cobble something together.”
Cats getting cozy at Toledo’s apartment. [Photo provided by Rick Toledo]
He added, “Planning a protest is not a crime. Protesting is not a crime. These are protected free speech activities.”
Toledo confirmed Monday evening that he had not yet been served with the complaint. No proof of service appeared in court records as of April 3. Toledo is scheduled for an arraignment hearing at Humboldt County Superior Courthouse on April 20 at 1:30 p.m. “This is going to be a long battle,” he said.
EARLIER:
- Students Briefly Occupy Siemens Hall at Cal Poly Humboldt This Afternoon
- Cal Poly Humboldt Responds After Yesterday’s Occupation of Siemens Hall by Protestors
- Students Dispute Cal Poly Humboldt’s Investment Claims After Siemens Hall Protest
- Students Occupy Nelson Hall at Cal Poly Humboldt, Citing Unmet Demands
- ‘We Will Not Accept the Response’: Students Remain Overnight in Cal Poly Humboldt’s Nelson Hall
- Students Vacate Nelson Hall Overnight; No Arrests Reported
- Cal Poly Issues Interim Suspensions After Nelson Hall Student Sit-In
- California Attorney General Files Civil Case Against CPH Student Arrested on Criminal Charges
- Student Organizer Arrested, Attorney General’s Office Prosecutes Restraining Order for Cal Poly, as Local DA Weighs Criminal Charges
- [UPDATE: Interview with Toledo] Cal Poly Humboldt Student Activist Rick Toledo Released on Bail
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Authoritarian regimes often target universities.The recent protests have ground the gears of those in power.Trying to squelch the protests has taken many forms.One can hardly stand up for Palestinians without being called anti-semitic (which is weird because, IMO it’s state brutality objected to, not religious beliefs.)There should at least be room for dialogue.All these trends should concern any and all red blooded Americans.Our advisories are laser focused on dividing our public discourse. It’s a win for them.
”Haven’t you heard it’s a battle of words?”
The poster bearer cried
”Listen, son”. Said the man with the gun
”There’s room for you inside”
-Pink Floyd
Break the law, go to jail. The concept of civil disobedience only matters if you accept the full outcome of those actions.
You’re blending a few real concerns with a narrative that skips over some important distinctions. Criticizing a government, whether it’s Israel or anyone else, isn’t inherently antisemitic, but pretending that antisemitism isn’t showing up in some of these protests is just as dishonest. Both things can be true at once.
Universities aren’t being “targeted” in some grand authoritarian sweep, they’re dealing with the same issue any institution faces when protests cross into disruption, harassment, or safety concerns. Free speech includes the right to protest, but it doesn’t mean freedom from consequences when that speech interferes with others’ rights or campus operations.
As for “dividing public discourse,” that’s not just coming from shadowy adversaries. It also comes from framing everything as oppression vs. resistance, good vs. evil, with no room for nuance. Ironically, that kind of rhetoric contributes to the very polarization you’re warning about.
There should be room for dialogue, but that requires acknowledging complexity, not flattening it into a one-sided story with a Pink Floyd soundtrack.
Damages to the poly facilities in 24 were expensive to repair. Hundreds of thousands of dollars. Those repairs should be included in the punishment of those who are guilty.
Usually are. And if one person broke a $100 door handle, they could be liable for much, much more as those bills aren’t really itemized, rather assigned fault. Fewer people ordered to pay restitution=larger share from each of them. Universities or even community colleges also can remove their student status and ban them from campus. This has long term effects as they, depending on the nature of things, could become ineligible for financial aid. Worse if they were in any employment capacity. That info gets shared throughout the system, long after internet chatter dies down. I do know from not my own experience, but via another’s that if you’re removed from campus and expelled from any public school, that becomes part of a permanent record, much like the DMV does it’s own. A removal shows up as a “withdrawn” or “no pass” or similar and can put you on a very lengthy academic probation should you get accepted again anywhere else and seeking any sort of financial aid (e.g. Pell Grants) that has federal backing.
And of course, the internet never forgets.
An installed 2 hour fire rated commercial classroom door with hardware will set you back about $3000+ each. The protesters ruined many of them.
Good luck paying for those.
Nahhh. It’s just the occasional cost of maintaining an environment that supports free speech, evolving culture and indulging the questioning of our country/ rulers. All are important. All need to be reviewed and deeply examined by our idealistic youth.They have jobs/ roles/ duties to do for us. Questioning our mainstream culture is one of them!
What a piece of s…!
I don’t like Toledo. But…I distrust Michael Moore much more. I’ve known and known of Michael Moore since he started at Center Arts and have seen him pull some crap on people over the years. I would not believe a word he says. Like…he was “trapped”? Really?! And he was scared too I bet -Not! That’s some bullshit charge. But Toledo should have been charged on some trespassing charge- what he did was also bullshit. So yeah- 2 jerks facing off on this one both wasting our time and money…
Another Antifa domestic terrorist getting a wrist slap. This is your leftist injustice system at work. DA is a useless tool of Soros style courts. Sick.
Holy Buzzwords Batman!
The Joker must have invented a weapon that turns words into meaningless noises!
But… but… he extended his arms in a “T” shape and gestured for a few students to deliver snacks and water.
That clearly meets the definition of terrorism, right?
Little known fact, George Soros invented college kids protesting geopolitical issues by being a temporary nuisance on their campus in 1952 to get out of a final exam he hadn’t studied for.
When will we WAKE UP?!
His hearing is on Hitler’s Birthday! as if it were planned that way!
GO RICK, GO!!! The people who put themselves on the front lie of social activism are hero in our democratic society!
Rules on university campuses matter.
But exist only on paper, because our District Attorney has no spine~
Freedom of Expression vs. Civil DisobedienceWhile the first amendment does protect the right to free expression, please keep in mind that the Constitution does not guarantee any right to engage in civil disobedience — which, by its very definition, involves the violation of laws or regulations — without incurring consequences of said action. Even when performed in the pursuit of worthy causes, civil disobedience can have a negative effect on the protected interests of others. It might also interfere with University business, create a public safety concern, or endanger University assets. In these instances, the University may need to act to protect those interests.
For everyone to enjoy the freedom of expression there must be reciprocal respect for the rights of all individuals: the exercise of the rights granted by the First Amendment cannot interfere with others’ exercising their own rights.
…The First Amendment protects speech no matter how offensive it’s content. The courts have made clear that there is no “hate speech” exception to the 1st Amendment, and that no one has a right not to be offended by speech. Most “hate speech” is as fully protected as any other form of protected speech. One is as free to condemn Islam—or Muslims, Jews, African Americans, Caucasians, or undocumented immigrants—as one is to condemn capitalism, socialism, democrats or republicans. Restrictions on speech by public colleges and universities would be a violation of the Constitution and the equivalent to government censorship. (Office of General Counsel, 2016) from HERE