An Oklahoma man whose home is adorned with Nazi insignias claimed he is immune from prosecution because he feared an "imminent antifa attack" before police said he shot a fleeing woman who stole one of his flags last June.
In the immunity motion, Alexander Feaster, a 46-year-old Air Force veteran, contends that a "plot" by "antifa activists" to vandalize his home left him on edge as he waited in a vantage point with his firearm, according to court records obtained by the Smoking Gun. Feaster also said he had illuminated the flags on his property with a floodlight to curb theft, which was a common experience for the retired service member.
"He had been alerted by a neighbor a few days prior that there was another plot by 'antifa activists' to vandalize his home and that ... was a threat to his life," a motion read. "He reported the threat to law enforcement and asked for more patrols in the area and as far as Mr. Feaster knows that request went unanswered. ... Mr. Feaster was well aware that he was at least 20 minutes away from any assistance from law enforcement if he were to be attacked."
Feaster was jailed on charges of assault and battery with a deadly weapon after authorities said he opened fire last June on Kyndal McVey, 27, with an AR-15 rifle as she ran off his property with a Nazi flag in tow. McVey was hit with gunfire in the lower abdomen and legs during the incident, and she required multiple surgeries following the encounter, the report said.
Feaster's attorney said he had a "sincere and reasonable fear of imminent peril of death or great bodily harm" and that he used his firearm in a "defensive" application. His lawyer further claimed that his distress was "not unreasonable in the summer of 2020, with the media and left-wing activists drumming up riots and praising violence against their political adversaries."
"It is a truth that if Mr. Feaster were not a Nazi, he would likely not have been charged here," wrote Stephen Jones, Feaster's lawyer, arguing that his client's flags were a "First Amendment display" that was "not dissimilar from the flying of the 'Make America Great Again' flag, or the Gay Pride flag, or the 'Don't Tread On Me' Gadsten Snake flag."
Prosecutors argued on July 2 that authorities contended that "the defendant relies on the notion that his use of force stopped a wildly imaginary attack." They added that adopting Feaster's theory would give credence to the notion that "retail security guards may lawfully shoot retreating shoplifters."
It is unclear with which court Feaster filed his immunity motion. Representatives for the Garfield County Sheriff's Office did not immediately respond to the Washington Examiner's request for the full court documents.
Feaster has been released from confinement on a $75,000 bond. He is due in court on Nov. 19 for a preliminary hearing.
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Original Author: Jake Dima