DA says no charges in swastika sticker case

A man who was recorded posting swastika stickers in downtown Fairfax will not be prosecuted, the district attorney said Wednesday.

District Attorney Lori Frugoli said there was “insufficient evidence to file criminal charges” against the man, a Livermore resident whom authorities declined to name.

The man posted the stickers with a Nazi symbol and the message “We are everywhere.” During the video, the man denied the Holocaust occurred and said he believes in Nazi ideology.

Stickers were found on a Black Lives Matter sign on private property and various street poles and electrical boxes.

Police questioned the man on Nov. 23, did not make an arrest and referred the matter to prosecutors for review.

“We recognize the symbolism of a swastika accompanied by the message ‘ We are everywhere’ evokes a range of emotions in our community ranging from anger, fear and every emotion in between,” Frugoli said. “Such conduct harms not only our Jewish community, but our entire community.”

Fairfax resident Noah Mohan, who has Jewish ancestry, recorded the man placing the stickers. Frugoli said Mohan’s action helped expose hate.

“In this case, documentation of the acts did serve our community as it shed light on the conduct and let the individual know that such behavior does not represent our county,” she said.

Mohan said while he is very disappointed with the lack of charges, he is more concerned that the DA’s office disclosed the decision the same day a mob of Donald Trump supporters stormed the U. S. Capitol to contest the election of Joe Biden.

“I feel a little disrespected,” he said. “If you’re going to give me respect and call me to tell me ‘ thank you’ and what I did was the right thing to do, even though she is not going to charge — it was just pathetic statement.”

“There is no context. There is no explanation why,” he said. “It seems like they are trying to cover it up by posting it today.”

Frugoli said her office and Fairfax police conducted an investigation that involved other jurisdictions and law enforcement agencies.

Rico Tabaranza, the town’s interim police chief, said his department was contacted by the FBI, which is conducting a nationwide investigation regarding other stickers with the same messaging. One appeared at an Anne Frank memorial in Idaho.

Tabaranza said he asked the prosecution to review whether to file charges such as civil rights violations, terrorism, vandalism or hate crimes. He said the ultimate decision falls with the district attorney’s office.

“This is why we didn’t release the suspect’s identification up front,” he said. “We are not attorneys and don’t determine if the elements to press charges are met. We gather facts.

“If it’s not a clear- cut case, we send it up to the district attorney to review,” he said.