The U.S. Attorney’s Office Eastern District of Pennsylvania released the below:
PHILADELPHIA – United States Attorney William
M. McSwain announced that Carlos Matchett, 30, of Atlantic City, NJ; Khalif
Miller, 25, of Philadelphia, PA; and Anthony David Ale Smith, 29, of
Philadelphia, PA, have been charged by Indictment for the arson of a
Philadelphia Police Department (PPD) vehicle, and in a separate case, that
Ayoub Tabri, 24, of Arlington, VA, has been charged by Indictment for the arson
of a Pennsylvania State Police (PSP) vehicle. Both incidents occurred during
violent civil unrest in Philadelphia on May 30, 2020.
Following
peaceful protests in Philadelphia in the early afternoon of May 30, 2020 in
response to the killing of George Floyd in Minneapolis, MN, civil unrest began
to unfold later that afternoon that resulted in widespread looting, burglary,
arson, destruction of property, and other violent acts.
On
that day, PPD Civil Affairs Car C-109 was parked on the north side of City Hall
near Broad and Market Streets. During the violent episodes that began in the
vicinity of City Hall that afternoon, defendants Matchett, Miller, and Smith
allegedly placed combustible materials into the vehicle, after a road flare
placed in the vehicle started a fire. As a result of these acts, the PPD
vehicle was destroyed. A grand jury charged each of the defendants with two
counts of arson, and one count of obstructing law enforcement in the commission
of their duties during a civil disorder.
On
the same day and at roughly the same time, PSP troopers responded to the
intersection of Broad and Vine Streets, a few blocks north of City Hall. PSP
placed two patrol sport utility vehicles – marked as K1-7 and K1-17 – at the
on-ramp for I-676 in an effort to prevent protestors from gaining access to the
highway. Soon thereafter, a group of individuals began attacking the two
vehicles. The windows of the vehicles were shattered and PSP equipment stored
inside was stolen, including road flares, fire extinguishers, and “riot bags”
containing additional PSP-issued equipment. Tabri allegedly threw a lit road flare
into K1-17, igniting a fire that engulfed the SUV. A grand jury charged the
defendant with two counts of arson, and one count of obstructing law
enforcement in the commission of their duties during a civil disorder.
“I
want to be clear that we at the U.S. Attorney’s Office support peaceful protest
– indeed, it is part of our job to protect First Amendment freedoms. We take
that responsibility very seriously. But violence is not speech. There is no
right to riot, loot, rob, destroy or commit arson. If you engage in violent
civil unrest and commit a federal crime in this District, we will come after
you as hard as we can because residents deserve safe and secure neighborhoods,
not mayhem.”
“The
FBI remains committed to protecting the rights of individuals to peacefully
exercise their First Amendment freedoms,” said Philadelphia Division Special
Agent in Charge Michael J. Driscoll. “Violence and destruction of property
jeopardize the rights and safety of all citizens, including peaceful
demonstrators. Today’s indictments send the message that if you seek to hijack
peaceful protests to pursue violent and extremist agendas, the FBI and its law
enforcement partners will bring you to justice.”
“These
individuals were not in the City to participate in a peaceful protest: instead,
it appears they posed as protestors and allegedly set fire to a Pennsylvania
State Police vehicle and a Philadelphia Police vehicle,” said Matthew Varisco,
Special Agent in Charge of ATF’s Philadelphia Field Division. “Arson is an
extremely violent act which presents a tremendous threat to public
safety. We will continue to work with our local, state and federal
partners to seek justice during these tumultuous times.”
“Thousands
peacefully assembled and protested throughout Philadelphia following the
killing of George Floyd in May of 2020,” said Brian A. Michael, Special Agent
in Charge for HSI Philadelphia. “Today’s indictments demonstrate how law
enforcement successfully works together to pursue violent opportunists who
commit criminal acts that undermine the peaceful protestors’ message. HSI works
closely with federal, state, and local law enforcement partners to investigate,
identify and hold accountable individuals who commit malicious, destructive,
unlawful acts.”
“The
Pennsylvania State Police thanks all of the partnering local, state, and
federal agencies that assisted with this investigation,” said Captain James
Kemm, commander of the Pennsylvania State Police Troop K. “We respect the
public’s right to peacefully protest, but violence and destruction of property
will not be tolerated.”
If
convicted, all four defendants face a mandatory minimum of seven years in
prison, and a maximum possible sentence of 65 years in prison, followed by
three years of supervised release, and a fine of up to $750,000.
The
Matchett, Miller, and Smith case was investigated by the Federal Bureau of
Investigation, Homeland Security Investigations; the Bureau of Alcohol,
Tobacco, Firearms, and Explosives; the Philadelphia Police Department; and the
Philadelphia Fire Marshal’s Office; with assistance from the New Jersey Office
of Homeland Security and Preparedness. The Tabri case was investigated by the
Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and
Explosives; and the Pennsylvania State Police. Both cases are being prosecuted
by the United States Attorney’s Office for the Eastern District of
Pennsylvania.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
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