A 53-year-old man already facing charges related to the Jan. 6 Capitol riot was ordered on Friday, March 29 to stand trial on charges of assaulting two people at a “Stop the Steal” rally and counterprotest outside Santa Ana College three years ago.
Kim Michael Sorgente was bound over for trial following a preliminary hearing by Orange County Superior Court Judge Robert Knox.
Sorgente, who is representing himself, argued he was acting in self-defense when he allegedly slammed a megaphone over the head of one man at the Dec. 6, 2020, protest. Sorgente, who says he lived in his car, has listed Dublin, California, as his mailing address.
Sorgente attempted to have the alleged victim in the case — Trinidad Molina — subpoenaed to testify at the preliminary hearing. During a March 22, Knox was skeptical of the relevance of Sorgente’s claims that Molina had “aggressively come at me brandishing brass knuckles and a knife.” Sorgente is accused of hitting Molina in the head with a bullhorn.
Knox said assuming Sorgente was accurate in his description, “How would that be relevant to self-defense? … I don’t see anyone with a weapon coming at you before you hit someone over the head with a megaphone. … Whatever happened down the street is not relevant.”
Sorgente argued that he has been diagnosed with post-traumatic stress disorder and that the alleged threat triggered him, but Knox emphasized to the defendant that a preliminary hearing was not a trial, but a probable cause hearing.
Sorgente painstakingly went frame-by-frame through video of the alleged attack with Santa Ana police Cpl. David Angel during his testimony through two afternoons of hearings.
Knox noted that Sorgente “left a place of safety and walked into their path,” referring to the counter-protesters.
“At a trial the people have to probe it beyond a reasonable doubt,” Knox told Sorgente. “But we’re not doing a trial. We’re doing a probable cause hearing (which has a lower standard of proof).”
Sorgente asked Angel if he saw Molina wielding a deadly weapon during the conflict with Sorgente, and Angel said it was “inconclusive.”
Angel testified the alleged victims in the case “were retreating or took defensive postures.”
Angel added, “They were being attacked, retreating. I never saw them do anything aggressive, but retreat.”
Sorgente is scheduled to be arraigned in the Santa Ana case on April 9.
In February, a second superseding indictment was filed in the District of Columbia federal court against Sorgente, charging him with civil disorder, entertaining and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds and obstruction of an official proceeding in connection with the Capitol riot.
Sorgente, wearing a Make America Great Again baseball hat, was seen in photos from the Jan. 6 riots with a megaphone, the FBI reported.
According to the FBI, he can be seen just after 1:30 p.m. Jan. 6 along with “numerous rioters” at a police line on the west side of the Capitol.
The FBI alleged that at one point during a fracas with police he used his megaphone to shout at officers, “How dare you? How dare you, traitors? How dare you traitors?”
He was seen again in other body-worn camera police footage just after 2 p.m. near the base of the inauguration scaffolding ignoring a command to leave the area, according to the FBI.
The FBI alleged that as officers attempted to clear the area, Sorgente shouted at them with his megaphone, “What are you doing? What are you doing? How does it feel to be a traitor? How does it feel to be a traitor? What the (expletive) do you think you’re doing?”
By 2:40 p.m., he had moved over to the west side of the Capitol building, where he entered a tunnel as officers were attempting to keep the crowd at bay, according to the FBI.
He allegedly left but then turned around and again went into the tunnel at 2:54 p.m., where he joined efforts to push against the officers, the FBI said.
Sorgente pleaded not guilty in the federal case on March 5; his next hearing in that case is scheduled for April 16.
Source: Orange County Register
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