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69-year-old jewish man during duelling protests over the war in gaza, now being investigated as a homicide and a possible hate crime. we're expecting an update on the case any minute now from the ventura county sherrive in california, he's taking to the podium. we'll have that for you live. sounds like he's about to speak. let's go to ventura county, california. >> -- for the ventura county sheriff's office. i'd like to thank you for coming to this press conference on such short notice. ideally we would like to have had this press conference last night, but would have been logistically impossible to provide the public with accurate and timely information. today we hope to be as transparent as possible, but understand this is an active and ongoing investigation. and we will not provide any information which could potentially compromise the integrity of that investigation. i want you all to know we sincerely value your role in delivering messages to our community, and today's case i'm not only speaking of our community here in ventura county, i'm referring to communities across the world. we have provided media releases for you all with contact information for our investigative unit and public information officer team. to members of the public who are at the event, if you have videos or photos of the incident, we encourage you to provide those to our office. you can remain anonymous if you choose to. we have established user friendly links to upload the footage. with that being said, i'll introduce you to the sheriff of ventura county, jim frayhoff. >> good morning. thank you for being here. this morning as the sheriff of ventura county it is with a heavy heart i stand before you here today to address this tragic incident that occurred in our community. i want to express my deepest condolences to the family and friends of the victim who lost his life in this unfortunate event. our thoughts and prayers are with them during this very difficult time. as law enforcement officers, our primary duty is to protect and serve the community. we take this responsibility very seriously and we are committed to investigating this matter to the fullest and finding out what exactly occurred, where we're working tirelessly to gather all the facts and evidence related to this incident and we'll do everything in our power using every resource we have at our disposal to make sense of this incident. and if criminal wrongdoing is discovered, to bring the person or persons responsible to justice. i would like to thank the members of the media for being here today, your role in keeping the community informed is critical. we appreciate your cooperation and support during this difficult time. we will do our best to provide you with an accurate and timely information and updates as they become available. i will now tell you what we know and keep in mind this investigation is ongoing and fluid. so i will refrain from providing conjecture, i will state the facts as we know them at this point in time. on november 5th, 2023, at approximately 3:20 in the evening, the sheriff's communications center received multiple calls regarding a possible assault in and an unconscious male bleeding at the intersection of thousand oaks boulevard and west like boulevard in the city of thousand oaks. the callers advised the incident was related to a rally or demonstration occurring at the location. flyers distributed on social media indicated a demonstration for freedom for palestine protest, and a counterprotest was led by we are pro israel. there were an estimated 75 to 100 people at the demonstration between both groups. three patrol deputies were dispatched code three, with lights and siren, to the scene along with medical personnel and paramedics from the ventura county fire department and american medical response. soon after, two patrol sergeants with two additional deputies responded to the scene. at 3:22 p.m., one of our patrol sergeants arrived on scene. at 3:24 p.m., two additional patrol deputies arrived on scene. the sergeant contacted the victim identified as 69-year-old paul kessler, a thousand oaks resident who was lying on the ground. mr. kessler was conscious and responsive, the sergeant observed what he -- what he saw was bleeding from the head and mouth. medical personnel from the ventura county fire department arrived on the scene and began providing aid to mr. kessler. mr. kessler was transported to a local hospital by paramedics for advanced medical treatment. mr. kessler remained conscious while being transported to the hospital. the suspect was identified, willingly remained at the scene, and was interviewed by deputies. the suspect was cooperative and indicated he was involved in an altercation with mr. kessler. the suspect further stated that he was the one of the reporting parties who called 911 requesting medical attention for mr. kessler. several witnesses were contacted at the northwest corner of the intersection where the shell gas station is located. and they were interviewed. these witnesses providing conflicting statements about what the altercation and who the aggressor was. some of the witnesses were pro palestine, others were pro israel. during the investigation, at the scene, deputies determined that the altercation with mr. kessler, he fell backward and struck his head on the ground. what exactly transpired prior to mr. kessler falling backward isn't crystal clear right now. at 4:02 p.m., a deputy and sergeant arrived at the hospital where mr. kessler was being treated. soon after, the deputy still at west lake boulevard and thousand oaks cleared the scene. mr. kessler was listed as being in critical condition by the hospital staff, however he was still conscious when contacted by deputies at the hospital. at 5:32 p.m., the deputies at the hospital cleared the call and documented the incident pending follow-up investigation by detectives from the thousand oaks police department. on november 6th, at approximately 2:43 a.m., the sheriffs communication received a call from the hospital staff in reference to the earlier incident involving mr. kessler. at 2:53, a patrol deputy and sergeant arrived at the hospital and were told mr. kessler had succumbed to his injuries. at 3:00 a.m., investigators from the major crimes bureau were notified of the circumstances surrounding mr. kessler's death and they immediately launched an investigation. the ventura county medical examiner's office was also notified and sent an investigator to the hospital. mr. kessler's body was later transported to the ventura county medical examiner's office where a subsequent autopsy was performed. i would defer any comments regarding the autopsy results to the chief medical examiner dr. young who will provide a statement shortly. yesterday afternoon detectives obtained a search warrant for the suspect and the suspect's residence. at 4:58 p.m., detectives conducted a traffic stop on the vehicle driven by the suspect in the city of simi valley. the suspect was detained, and until the completion of the search warrant and was released at 6:15 p.m. during the detention of the suspect, detectives executed a search warrant at the suspect's residence in the city of moore park. i cannot comment on the results of that search warrant as the investigation is ongoing. investigators have not ruled out the possibility of a hate crime. and this is being investigated as a homicide. investigators from the sheriff's major crimes bureau and thousand oaks investigations bureau are committed to continuing to locate and interview witnesses to the event or individuals who were present or nearby that might have helpful information to provide. it is our understanding that mr. kessler, a u.s. citizen who practices the jewish faith, was at the event supporting israel. the suspect in this case is a 50-year-old who resides in moore park and at the intersection advocating for palestine. we understand that the war in israel and gaza has led to an increase in hateful and threatening rhetoric and we want to ensure the muslim and jewish communities that we stand with them both during this difficult time, the ventura county sheriff's office remains committed to protecting the rights and safety of all members of our community, regardless of their race, religion, or ethnicity. to this end, we have increased patrols around mosques and our muslim community centers and jewish houses of worship. we also work closely with our religious leaders and community to provide support and assistance as needed. the ventura county sheriff's office and law enforcement in general play a critical role in preserving people's fundamental right to peaceably assemble and in facilitating demonstrators safety and security as they exercise their first amendment rights. the ventura county's sheriff's office is -- anyone who has witness or has knowledge of the incident or present at the demonstration is encouraged to contact our agency. we have provided the media with contact information for our investigative unit and our press information officer team. those who wish to remain anonymous can do so by contacting crimestoppers. those in possession of video footage or photographs of this incident can remain anonymous by using the link we provided to the media here today. during this time, we urge you to remain calm, peaceful, and patient. we understand that you may have questions and concerns but we ask you allow us to conduct our investigation and we will provide updates as soon as we can. we also ask you refrain from spreading rumors or spreading misinformation on social media or other platforms that is can not only hinder our investigation, but cause unnecessary panic in our community. in conclusion, i want to reiterate that safety and well-being of our members of our community are of the utmost concern to us. we'll work tirelessly to ensure everyone feels safe. we appreciate your cooperation and support during this difficult time. and now i would like to introduce the chief medical examiner of ventura county, dr. christopher young. >> good morning. dr. young, chief medical examiner for ventura county. the death investigation is also ongoing. the -- the death of this 69-year-old paul kessler was admitted to los robles medical center at 1753 hours, diagnostic studies at the hospital included a ct scan, which demonstrated intercranial injuries, which included swelling of the brain and hemorrhage surrounding the brain. mr. kessler's condition continued to deteriorate, and death was pronounced on november 6th at 1:10 a.m. an autopsy was performed on the morning of november 6th. the autopsy demonstrated nonlethal injuries to the left side of mr. kessler's face. additional injuries included injury to the back of the head these injuries are consistent with and typical of injuries sustained from a fall. internal injuries also were consistent with a fall, including skull fractures, swelling of the brain, and bruising to the brain. the cause of death has been certified as blunt force head trauma. the manner of death is homicide. the manner of death is a medical legal determination. manner of death of homicide does not indicate a crime has been committed. this is a determination that is made by the district attorney's office. when a manner of death of homicide is made, it is is simply stating the death occurred at the hands of another person or the actions of another person contributed to the death of the person. our hearts and our thoughts are with every individual affected by this tragic accident. thank you. >> now at this time we will entertain questions, understanding i'm very limited on what i can discuss based on the investigation itself. >> can you give me the name of the suspect? >> no. >> why is that? >> the suspect has not been arrested. no arrests have been made related to the incident and the suspect was not been identified publicly. >> you mentioned that you wanted information, photos and videos from the public. it is important -- if we're going to determine a hate crime occurred here, what interactions occurred between mr. kessler and the suspect. can you tell us anything about what witnesses told you about that interaction? >> i can just tell you that the information wear getting is conflicting with one another. there is clearly an interaction between the two. but what that level of interaction is still unclear. that's why we're asking for any video footage we can have, the one camera angle that i think you have all seen that is from the shell station is unfortunately blocked by the message board indicating gas prices and so we cannot see that from that angle, so we're hoping that somebody has video that can help shed some light on what occurred leading up to mr. kessler falling and hitting his head. hang on one second. >> -- hit in the head at some point? >> we don't have that confirmed. that's something we're trying to investigate, it wasn't a statement that had been made, but we did not have confirmation of that at this time. >> conflicting reports as to how the fall happened? it is unclear who the aggressor was? >> want to take that? >> sure. >> so, again, the manner of death of homicide doesn't reflect whether or not a crime has been committed. it just -- that there is interaction with another person. it doesn't -- it is not hinging on who is the aggressor, it is just that another individual was involved in partially causing the death. >> so you're saying -- you're seeing -- >> -- was nonlethal. the lethal injury was the injury to the back of the head. >> the injuries on the left side of the face were nonlethal and the lethal injury was the impact to the back of the head from mr. kessler falling and striking his head on the ground. >> is it your belief this victim was also hit and that caused him to fall or was it the hit itself that caused this fatal injury? >> this is still under investigation. but there are injuries on the front of the face, which could be consistent with a blow to the face. >> when you talk about a blow that would cause an individual to fall, is it your contention the suspect struck the victim and that caused him to fall? >> it is my contention we still don't know that. we're still waiting to see evidence of what occurred in that interaction, and whether or not there was a blow to the face that caused the fall or if mr. kessler fell without that being the precipitating event. >> sheriff, you mentioned cruise patrols around houses of worship. does this incident change your safety and patrol measures at demonstrations regardless of the size? >> no, so we're not changing our protocol. what we do now is we evaluate every protest on their own merit, to determine what we think the threat level is, and then based en that threat level we determine what resources if any need to be there. it is very clear that sometimes when law enforcement does arrive on scene, that we can be a catalyst for additional aggression and we try to limit our presence, but if there is already aggression being displayed, we want to be there to make sure people are peacefully protesting. in this event, 15 minutes prior to the confrontation, our police chief had driven through the area, there was 30 people present when he left, no indication of any impending violence and no additional resources were needed. our patrol staff was made aware of this protest, and were driving through frequently to just keep an eye on what was happening. this event was not preventable. >> you were indicating the suspect is being cooperative as could be under the circumstances? >> it is my understanding he was answering the questions when he was contacted at the scene. i don't know the vetting of all the questions he answered, but he at least stayed behind. >> was that a cooperative -- >> to my understanding, yes, cooperative. >> how did he say it happened? >> i'm not at liberty to discuss. >> why did you execute a search warrant at his home? >> we want to make sure we have all the evidence we need if we're going to prosecute. >> is he a suspect? >> we identified him as a suspect. right now he's the only one we have information on that may have been involved in an interaction with our victim. that does not mean there is not others. we're waiting for that information to come out from our residents who were there, any other people who were present and if they have video of that to indicate there was more than one person involved, we want that information as well. >> earlier reports that the victim may have recorded on his cell phone the interaction as it was unfolding. do you have any information on that? >> i don't have any information at this time. >> it is my understanding the investigators are working on that and i don't have the information to disclose at this time. >> at one point it looked like the two groups were on the opposite sides of the street. did they intermingle? >> i don't know that information either. i don't know if the -- one corner or two corners occupied by one group or all co-mingled the entire time. we don't have that information. >> can you talk about what that corner had been like or if there had been previous rallies or demonstrations there and just give a little bit of color about what that has been like in the past few weeks and previously. from what i understand, there was trump rallies and other sorts of political demonstrations. >> because of the volume of traffic at that intersection, it tends to be a fairly popular intersection to have protests of any number of things. for this conflict we're facing now, there had been three prior events at this location. in thousand oaks. two the at the location. this event would have been the third one at that intersection. we had 21 protests county wide since october 7th. this was the only one so far that had some type of violent encounter at all. there is no permits required this is a first amendment protected activity and oftentimes our protesters use the cross walk to make their voices heard and be seen and so when you ask about if they're intermingling between sides, they're using the cross walk to be seen and so the interaction is likely to occur. >> at any point did you recover a megaphone from the suspect? >> did we recover a what? >> a megaphone. >> i don't have information on that. i'm sorry. >> were there any other confrontations or disturbances between the two groups beyond the normal yelling and against each other? >> i don't have any information about any other conflict other than one group who was pro israel and one group pro palestine. we have no indication of any physical prior confrontations between anyone. as far as both organizations having their events out there, public stlamtstated on their so media was to have peaceful protests and not to engage in counterprotests. >> any information if in fact the suspect was carrying a megaphone or if a megaphone was used to strike the victim? >> i don't have that information at this time. i heard that and i think the medical examiner said the injuries on the face could have been caused by a megaphone. but i don't have the information of what he had on him at the time. >> -- was there one side that was significantly larger? some of the videos show more pro palestine protesters or demonstrators. >> i don't have that information. i apologize. >> how much information was the victim able to share with you from the hospital? >> i'm not at liberty to discuss that part of the investigation at this time. >> able to walk you through what happened? >> i don't have that information at this time. >> two more questions and then we're going to wrap. two more questions. >> do you have any information on who instigated? >> no, we do not. >> you mentioned that you allocated resources based on assessment of the threat level. have you made an assessment prior to this and how is that assessment? >> this assessment was done, we reviewed it, everything on social media was this was going to be a peaceful protest, even though we were going to have opposing sides but had not had any issues previously. so our presence was simply having our patrol officers drive by and monitoring it and our chief drove by, he was aware of it as well, to make sure it wasn't turning into something that required more attention. thank you all for coming. appreciate you. >> in what has been a highly charged and highly emotional situation across the country since the onset of the israel-hamas war. there is now another example of violence that caused a 69-year-old jewish man his life, paul kessler. this demonstration occurred about 40 miles outside of los angeles in ventura county. a 50-year-old is considered a suspect, described as cooperative. he was initially detained but has since been released after a search warrant was served at his home. i want to bring in nbc's liz kreutz. a lot of information revealed here. >> yeah, that's right. the big unknown even after this press conference right now is what led up to this incident and this altercation. law enforcement essentially coming out, pleading for more video because they say that they don't know those minutes leading up to what happened before mr. kessler fell to the ground. we do know from an autopsy now that they have just said that he did die from blunt force trauma, that he had injuries to the back of his head, consistent with a fall. but they also say he had injuries to his face and they are not ruling out he may have been hit in the face in some way. but, again, they don't know what led up to this situation. as you mentioned, another headline we did learn, there is a suspect right now, a 50-year-old man, and that law enforcement did detain this person yesterday. they then searched his home. they have a search warrant there, but they did release him and he's currently not under arrest. so the big question is what led up to this altercation, police are continuing to say they're not ruling out that this could be a hate crime, but right now it is being investigated as a homicide. and they were quick to also make sure people knew that, yes, it is being investigated as a homicide, but that does not necessarily mean a crime has been committed. there has been some questions about potentially some cell phone video and whether paul kessler was filming on his cell phone. a state senator said they believe he may have been. but law enforcement wouldn't say, they said they're investigating whether or not he has video on his cell phone that would be locked, they would need to go through those channels to get it unlocked to be able to see that video. so, still a lot of questions here, chris, about what happened. >> liz, thank you so much for that. i want to bring in former u.s. attorney and msnbc legal analyst barbara mcquaid. let's start with what we just heard from liz and the coroner, which is that saying it is a homicide is a coroner's determination, which means someone else had a role in this death. it is not a legal determination. what would lead to charges, what are the key elements that are missing here, barbara? >> so far all we know is that mr. kessler was killed by another human. it could be that it was an accidental killing. it could be it was a killing in self-defense. we don't know. so other information will be important to be able to make that decision. and it is early. but i imagine that investigators are looking for anybody who has video camera evidence nearby businesses that might have video evidence which is often obtained when there are incidents occurring on the streets. eyewitnesses who saw things looking at social media, looking at what's on mr. kessler. i remain optimistic they'll get to the bottom of this and figure out who did this and why. i think they should be and are being cautious in not calling this a hate crime, there are so many unanswered questions, i think in light of the climate we live in, it is really important to find out whether it is or is not a hate crime. if that can be dispelled, i think that brings some relief to the community. if it is indeed a hate crime, it must be charged aggressively to send a message that in our society we do not tolerate hate crimes, crimes that are motivated on a basis of some sort of bias against religion or other facts. >> i want to talk about a couple of things we heard from the press conference. one is that there is -- look, when you look at the coroner's report, there was a skull fracture, blunt force head trauma, but what he said that i think from my perspective might be key is there is a blow to the face apparent that may have been caused by someone else. does that necessarily mean that there is likely to be charges here, it is way too early, help us understand with a little bit of information we have where this might be going. >> i think one thing that is really important when you're an investigator is not to draw conclusions too early because there is a concept of confirmation bias. once you think you figured it out, you tend to elevate the evidence that supports your theory and ignore evidence that doesn't. you really have to be open to all possibilities here. in fact, his face is harmed, i think it suggests there was a blow to the face, that could be a punch, somebody with an object. it could also be that there was a scuffle and that there was inadvertent trauma to his face. so i think they have to keep open all of those ideas until they review the evidence, talking to people, looking at video, reading everything they can to make a determination. but i have found in these kinds of cases, it is often the case that prosecutors do get ultimately sufficient information to be able to draw these conclusions, including what a coroner is able to determine. so, i think there is -- i'm optimistic they'll figure this out. it is important they do it the right way, slowly, without making any assumptions along the way. >> barbara mcquaid, thank you so much. you're going to stick around for us. we're also, by the way, following breaking news from capitol hill where police say they arrested a man with a gun and we're just learning that one witness said the man was wearing an orange jumpsuit. i want to bring in nbc's ryan nobles. what more can you tell us? >> well, it was a pretty chaotic few minutes on capitol hill as this situation developed and capitol police say that this man was seen in the park across from the capitol campus in union station, the main train station in washington, d.c. and a witness there spotted him with a gun and capitol police responded. now, there were reports and capitol police have confirmed that the gun was what they described as a long gun, there were reports that perhaps it was an ar-15. that's not been furbl lyofficia confirmed yet, but they said it was a long gun, part of why they took the situation so seriously. they did apprehend the man and put him under arrest and shut off areas of egress around the capitol to prevent people from coming in and out including the park where the man was found with the gun and they have been searching that area and they also said in an update a few minutes ago they're also searching his belongings to determine whether or not there is anything else that could lead them to understand why this man had a gun and what he planned to do with it. it is important to point out that capitol police believes this is an isolated incident, contained to this particular individual and that they do not believe there is an ongoing threat to the capitol campus. for a while, the capitol itself, one of the office buildings, was shut down. they have subsequently allowed people to come in and out of the facility as this investigation continues. so, you know, to kind of wrap this all up, there is no ongoing threat, no one was hurt, but there was an individual with a gun that led capitol police to lead them to arrest that person about an hour ago here on capitol hill. chris? >> no doubt some terrifying moments. thank you for that update. much appreciated. there is key voting under way all across the country. could abortion be the galvanizing factor in this election? we've got that next. n this election we've got that next. 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