On Tuesday morning, Multnomah County Circuit Judge Greg Silver denied self-described Proud Boy Alan Swinney's motion to reduce his bail, which is at more than half a million dollars.
Swinney, 50, has been held in the Multnomah County Jail since Sept. 30 after prosecutors indicted him on charges for assault, menacing, unlawful use of a weapon, use of pepper spray and pointing a firearm at another person.
The charges stem from two separate protests in Portland. At the first protest on Aug. 15, prosecutors allege Swinney shot a protester in the face with a paintball gun.
"As Victim 1 filmed, Defendant pointed his paintball gun at Victim 1 and fired, shooting Victim 1 in the face near the corner of his left eye," prosecutors wrote in an Oct. 16 memo. "Defendant aimed his paintball gun at numerous other protesters and fired multiple shots into the crowd in addition to the shot that hit Victim 1. Defendant shouted at Victim 1 that he would 'shoot him with a real gun' and that he 'had one and will open fire.'"
On Aug. 22, prosecutors allege that Swinney shot another protester with a paintball gun, pepper-sprayed another and pointed a firearm at protesters with his finger on the trigger.
The court set Swinney's bail at $534,000, citing Swinney's violent behavior, and the fact that he is a Texas resident without "gainful employment" in the Portland area. Prosecutors describe Swinney as a flight risk.
"The charges in this case involve serious violence," prosecutors wrote. "He engaged in the violent conduct on more than one separate occasion. Defendant is a flight risk because he is from a different state and is facing prison time. Thus, the bail in this case is not clearly excessive and should not be disturbed."
Swinney was scheduled to appear in court on Nov. 3, according to Multnomah County court records. Judge Silver denied his motion to reduce the bail amount, according to Multnomah County District Attorney's Office spokesman Brent Weisberg. Last month, Circuit Judge Thomas Ryan denied Swinney's request for release on Oct. 19.
That means two men with a history of engaging in violence at Portland protests remain behind bars on election night: Tusitala "Tiny" Toese has been held in the Multnomah County Jail since Sept. 1.
Multnomah County Circuit Judge Kathleen Dailey sentenced him to six months in jail on Oct. 20 for violating conditions of his parole. Toese, a regular attendee at Portland Proud Boys rallies, was credited with time served, and he will likely be released around March 2021.