Judge denies request to drop felony charges against Berkeley teacher, activist Yvette Felarca

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Daniel Kim/File

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Sacramento County Superior Court Judge Michael Savage moved forward the felony case against activist and Berkeley Unified School District middle school teacher Yvette Felarca and two other activists, denying requests from Felarca’s lawyer to drop the charges.

Charges against Felarca include a felony charge of assault with force likely to produce great bodily injury and two misdemeanor charges of rioting and inciting a riot. These charges originated from protests against a 2016 neo-Nazi rally, which was organized by members of two white supremacist groups, the Traditionalist Worker Party, or TWP, and the Golden State Skinheads, or GSS.

Felarca, also a member of By Any Means Necessary, or BAMN, a anti-fascist group, said the charges were discriminatory.

“These charges should be dropped,” Felarca said. “They’re completely false and politically motivated.”

The assault charge was filed after a video surfaced of Felarca punching Nigel Walker, a member of the TWP. Many others also claimed injury, and Felarca herself came away with stab wounds that resulted in 24 stitches in her head and arm, according to the dismissal motion.

“I think the judge’s decision was politically motivated; I don’t think it was valid,” said Shanta Driver, Felarca’s lawyer. “I think that this decision is regarded by all as being really outrageous.”

Felarca’s lawyers argued that the California Highway Patrol, or CHP — which granted the TWP permits to hold a rally and Sacramento County District Attorney’s office “covered-up for and colluded with the fascists” and that the charges amount to a “witch-hunt” against Felarca, according to the motion to dismiss.

“In the aftermath, the California Highway Patrol and Sacramento District Attorney have done nothing to prosecute the fascists who attempted to murder people in Sacramento,” the motion to dismiss read.

The motion to dismiss said the agencies participated in a “cover-up” by “interrogating and harassing” the counterprotesters while they were still in the hospital. The police did not attempt to pursue charges against the neo-Nazis, the motion said, despite evidence that they were armed with knives.

The prosecutor argued that there was no basis to dismiss these charges, saying that the fact that others had not been charged with crimes did not exempt Felarca from prosecution.

“Even if the extraordinary allegations of bias and collusion posited by the defense in their motion to dismiss were true, and they are not, they would have no bearing on the guilt or innocence of the defendants currently before the court,” read the DA’s opposition to the motion.

Savage’s office declined to comment, as the case is still active and will continue with a preliminary hearing May 18.

“We completely disagree with the judge’s decision,” Felarca said. “We’re committed to continuing to fight this out.”

Contact Madeleine Gregory at [email protected] and follow her on Twitter at @mgregory_dc.

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  • Michael Cochrane

    You didn’t charge everyone so you shouldn’t charge me….nice to see the courts getting it right for a change. I mean, she was caught on video assaulting someone how can she deny she did it? lol

    She is insane that’s how.

  • Doubting Thomas

    Felarca is her own worst enemy. No reasonable person believes the CHP and Sac DA are colluding with white supremacists. One only has to listen to Felarca in interviews to understand that she believes violence is an appropriate response to speech she doesn’t like.

  • Viking son

    She will see the inside of a prison and I’m not talking about her hate filled mind either.

  • Arr Evans

    “I think the judge’s decision was politically motivated; I don’t think it was valid,” said Shanta Driver, Felarca’s lawyer.”
    Oh, the irony.
    Using that argument because you don’t agree with a ruling in a case based on a political movement.

  • Jimmy Hoffa

    Yvette Felarca is going to look nice in an orange jumpsuit.

  • Naval Lint

    She and her terrorist friends got injured when physically attacking protestors? Awwwww, ain’t that a SHAME!!! Self-defense on the part of the WS crowd!!!

  • Texas Belle

    Rioters need to know that they will be prosecuted for any illegal actions. Liberals think thy can get away with attacking people, throwing stones at Police, burning stores, anything they want to do in the name of their CAUSE. The march of the white supremacists was peaceful until the counter marchers showed up, and the white supremacists have the right to march just as anyone else. Their cause may be stupid and racist and we don’t have to agree with them, but they have the same rights as others. Leftists hate as much as the supremacists, just different targets.

  • Fred Nik

    This is great. Hope they throw her in the clink.

  • Jack

    Looks like they are trying to make an example of the few people they managed to catch.
    That’s Trumpland’s law enforcement for you. Not hiding that they are fascist sympathizers anymore, at least.

    • Grahovac Janko

      I agree with you that they shouldn’t make an example just out of few people.

      Instead, all communists should be harshly prosecuted for their violence.
      And you should applaud this – since most communists are White, it would also help close the racial disparity in the prisons.

      Lock ’em all up!

      • Jack

        I apprecaite how casually you gloss over how the fact that most of these people are white blows a pretty big hole in your white oppression rhetoric. Casually excusing the white nationalists and literal flag-waving fascists for what they do.

        Of course, you don’t think they are doing anything wrong. Pity.

  • Thomas Camfield

    Too bad the libtards are going extinct, it’s fun watching them commit political suicide.

  • Stl fan12

    This woman belongs in a mental institution

  • Stl fan12

    Haha

  • Vinnie S.

    THIS WOMAN DOES NOT BELONG WITHIN THE SCHOOL SYSTEM! I can only imagine what she is teaching young children in middle school ……She has a mouthful of opinions as to what a fascist is and she is right up there acting like one “By Any Means Necessary” While spewing her narrative at Tucker she actually called Milo “Homophobic” Dear” Yvonne Capistrano , Go back to Capistrano b4 the Swallows get you ! Milo is a Gay person and you , are a very unhappy person ! You should probably move to Sweden or Germany where you can see for yourself what Violence really is all about ! First Hand !! And make friends with all the Peace loving immigrants !

  • Curtis Jones

    LOAD UP THE RUBBER BULLETS by 10cc

  • SJ Citizen

    I think it is just a matter of time before she goes for the insanity defense. Any jury would conclude she is bat shot crazy.

  • Left Unsaid

    Lock her up. Get her out of the city schools by any means necessary. She’s toxic.

  • Deplorable B Church

    This POS needs to be sentenced to hard time, not one or two years. She needs to grow old in prison.

  • DrJedi001

    Is there any possibility of simply giving Felarca a helicopter ride and being done with her?

  • rplc88

    The term for people like her are “cry-bullies”. They physically assault people that are just walking around with a sign and expressing their views that differ from her views, and tries to incite violence and riots,… but then pulls the victim card and cries “witch hunt” afterwards when she’s finally caught.

  • Greg

    Good, give her 20+ years now to think about it.

  • Your Planet Is A Toilet

    Fartlarker, what can one say about this sweet smelling pile of lesbo excrement? One felony and two mizzies, gotta be good for at least a year plus… POSSIBLY in county lockup but hopefully in the big violent house! Oh, and please do keep complaining about the judge, haha, quite the legalistic fatal mentality… but you leftard aren’t known for intelligence! Yep Fartlarker, your lawyer, Shanta, is going to ‘Driver’ you right into lockup!
    No job… No money… But plenty of lezbo love where you’re headed honey! There’s only one situation that could turn your new beginning into a REAL epic you dimwit Nazi thug, that would be your fellow Antifa violent Nazis show up and riot to break you out. Oh please, make that call babe, we LOVE the entertainment… I think the judge would like that too!
    Hahaha…

  • FSM

    The childish “but he hit me first” argument doesn’t work in the court of law.

    • MrInspctrMan

      Especially when she clearly hit first

  • Vasile Andrei

    10 years jail without parole for aggravated assault
    that should wake her up

  • SkullPuncherX

    Enjoy prison where you belong….

  • broncodano

    Felarca should be banned from teaching for life. Even after the jail sentence. She is a disgrace to the profession and should be banned from teaching… middle school.

    • Your Planet Is A Toilet

      I believe that goes without saying with a felony conviction…
      Caveat: I do believe she works in one of those uber leftard school districts, guarantees are iffy unless it falls under state statute.

      • broncodano

        yeah. If the parents knew her, and were ok with her views, we have a big big problem with the school system in that area, but an even bigger problem with the community of that area.

        This teacher is weapons grade dangerous. Patty Hearst level of crazy.

        Im just wondering how she pulled off parent teacher conferences without wearing a beret and standing in front of a Che Guevara flag.

        • Your Planet Is A Toilet

          Got that right. One thing, school isn’t anything like when I was that age. Half the teen boys are getting laid these days, like an epidemic. Public schools are dangerous these days… at least her in Cali.

          • broncodano

            my dads military. I did military schools growing up. I couldnt imagine having a liberal school teacher.

            School for me was hard learning, math, science, physics, language, history. No psychology, sociology, gender studies, Leo Buscalia, home mec, or womens studies.

            Now im an engineer, old, and cant find anyone under 40 who knows anything about practical engineering.

            Its a different time, but i think the new generation will be the lowest skilled group in our countries history. I hope im wrong.

          • NoPointInTrying

            lol @ home mec

        • patrick

          They flagged your comment…..lefties crying like usual

      • Shinku

        Antifa self-removing themselves from Academia. One can only dream.

  • John Smith

    By the way, I notice this story is constructed very similarly to the same story at the FoxNews website. Same quotes, and some identical language in parts and very similar structure. Hmmmm.

    • broncodano

      Pretty standard format for all news stories. Not much difference because its the same information released to the press corp.

    • Your Planet Is A Toilet

      I believe IF you read the Fox version they wrote in a link to this page, that’s how I got here.

    • Richard Bushong

      Maybe because they are Quotes, normally they would be reported exactly as said.

  • John Smith

    She runs a group called “By Any Means Necessary” and is filmed violently beating up people in Sacramento (after doing the same in Berkeley) but apparently she’s the victim. This is how it goes with the new Left — violent bullies who do anything to suppress a viewpoint different from theirs, all the while calling it “Justice.”

    These are the kind of kooks who, whenever they get control of a government, quickly instigate revolutionary tribunals, death squads, and genocide. They use the law when it serves them, but then shove it aside when it doesn’t suit their ideological purposes.

    Time for this particular Fascist to see the inside of a jail…

    • NoPointInTrying

      at rallies they love to put big black-cock i mean antifa-flags in front of Patriot’s video cameras to allow their own to attack with violence, and leave no evidence. All while their own side video tapes the counter-attack and then selectively deletes specific footage.

    • Calahan Doyle

      Don’t forget she and her group runs as a cult as well. There are known stories of her and her group getting people to run from their home to BAMN locations and live with other BAMN members.

  • ManyLand

    I’m going to bookmark the search page for this “woman”. Perhaps one day soon I will see her convicted of these felonies, fired from her job at a school where such a violent person should not be permitted anyway, and wearing an orange jumpsuit in jail. On that day….I will smile….

    • C Bierbauer78

      Hater. You would have complained about the violent radicals who fought against King George III.

      • PigressivesSuck

        I see you have the name of your eternal home as your logo.

      • ManyLand

        Yes…I’m a Hater…and I feel sooooooo bad for it…

      • JS biggs

        Antifa is a Nazi organization and domestic terrorists.

    • Merida A McKnight

      I definitely would laugh and pop the tab on a Dr. Pepper and laugh some more!

  • luuuuke

    send that filipino to Duterte……..He’ll take care of it……….

  • Michael Johnson

    Good – teach that communist scum a lesson. ANTIFA is not above the law!

  • X Ray

    Hey moderators, doesn’t it bother you, even just a little, that the Daily Cal comments section has become a Nazi meeting ground?

    • StanFromSomewhere

      One obvious troll doth not a “Nazi meeting ground” make. Grow up, child.

    • John Smith

      As opposed to the Daily Cal news offices, which have been a Marxist/Stalinist meeting ground for quite some time?

    • Matt Rhodes Âû

      We aren’t Nazis. To be a Nazi, you have to be a far Leftist, like Hitler was. We are the people that fight the 2 sister ideologies: Communism and Nazism.

      • Your Planet Is A Toilet

        Or like Miss Fartlarker. Sieg Heil Yvette!

      • V900

        Indeed. Both are collectivist philosophies/political movements.

        Perhaps that’s why communists always get hysterical when there’s a Nazi around, and insist their sister-movement must not be heard or given a platform.

        If more Nazis were allowed to spread their message, people may start noticing the many similarities.

    • MrInspctrMan

      Nazi aka anyone with an opposing views. Get out troll.

    • Left Unsaid

      Anyone to the right of Mao is deemed a “Nazi” by the prog-stalinists. This is why Trump is your president.

    • Richard Bushong

      Your name appears to state you see thru things, Nazi is the farthest thing from Daily Cal.

  • Sir Shilly VonShillington

    >video evidence of her committing felony assault
    >it is a witch hunt, oy vey!

    These communists need to be publicly executed

    • StanFromSomewhere

      Troll.

      • Winston Smith

        No need to self identify, it’s just a comments section where people exchange ideas, not insults.

        • StanFromSomewhere

          When you make anti-semitic remarks, it’s trolling.

          • Winston Smith

            Please point out the anti-semitic remark, I missed it.

          • StanFromSomewhere

            “oy vey” is a comment made by an individual with several handles who usually starts launching into the usual “zionists control the world” tirade. It may or may not be intended as such here, but it’s not necessary and contributes nothing to the discussion. Those who have been around here a while know that Felarca has no real base of support except for a few dozen on the fringe loopy left, and there are plenty of Jewish people in Berkeley who are among her most vocal critics.

          • ManyLand

            Jewish here…Oy Vey is crazy common. Like any other phrase…sure…it could be used in a bad way. Like “Oy Vey! Those Jews sure have big noses and are cheap…those Zionists better no end up controlling the world!!”. But no such context was even remotely implied in the original comment. So you making a charge of Anti-Semitism is indeed crying wolf in an attempt to stifle speech simply by making the charge…like so often happens with the “racism” charge these days.

          • StanFromSomewhere

            May I respectfully suggest that you review my posting history, as it would make it quite clear that I am NO supporter of Yvette Felarca and am not attempting to stifle anyone’s speech. The “oy vey” comment was not part of any of the original post quoted, so why was it added yet not differentiated accordingly? That’s the point of my criticism.

          • ManyLand

            How is your post history and feelings on Felarca relevant to your baseless accusation of antisemitism?

          • StanFromSomewhere

            I pointed out my reason, and the fact that it’s used as a tactic by a couple of trolls in particular. I did concede that it may have been unintended, but I explained my concern why. Can you just accept that we have different opinions on things, or are you merely looking for a fight?

          • ManyLand

            Not looking for a fight. The simple point I’m trying to make…and you should know this already…is that throwing around charges of antisemitism and racism all willy-nilly when there was obviously nothing there to begin with only serves to dilute from the instances where it is truly deserved. Such an accusation is a serious thing and should not be made without firm merit.

          • dvrmte

            Quit worrying about hurt feelings. Shut it down, da Goyim know! LOL

          • Your Planet Is A Toilet

            Please have pity, it’s the LNBR. He can’t help it.

          • V900

            Exactly! No reason to cry antisemitism unless the Happy Merchant gets posted.

            And even then, only if it isn’t a funny happy merchant

          • Your Planet Is A Toilet

            Upon cursory examination, I believe you to be suffering from LNBR and your brain cell count is in the imbecile range! It’s a progressive disease, expect to hit the idiot range soon!

          • V900

            OY VEY!

            Relax friend, you’re seeing Shekels where there are only bottle caps!

            Is everyone who says “Jesus Christ!” Perhaps christophobic or anti-papalists? Hmm?

          • BYCHAN

            Oy Vey is not Anti Semitic, it is an expression of grief or dismay, my grandmother usually used it when English (her second language) had no word for how she felt. I am sick and tired people trying to find Anti-Semitism – Racisim etc where it is not.

          • MrInspctrMan

            Oy vey means “oh my,” stop trolling. That was not anti semitism. You are more of a snowflake than Yvette felarca.

    • Your Planet Is A Toilet

      PPV!

    • V900

      I strongly disagree!

      I believe a better solution would be a free helicopter ride. See things from a different perspective, if you know what I mean.

  • Bret Zeller

    She Felarced up…