A protester who was struck by a brick thrown from the roof of a Turk Street building last year during a protest reportedly refused to testify in court against the reckless lobber — reportedly in solidarity with the Occupy San Francisco movement.
But prosecutors said that the video evidence was enough to pelt 34-year-old Jesse Nesbitt with one count of assault with a deadly weapon in connection with the wild protest.
On Wednesday, Nesbitt was sentenced to two years in prison as part of a plea agreement with the District Attorney’s Office. However, he likely won’t spend more time behind bars due to credit for time already served.
But the conviction counts as Nesbitt’s first strike under California’s three-strikes law, Assistant District Attorney Alex Bastian said Wednesday.
Nesbitt was one of 26 demonstrators to be arrested at the May 2, 2012, takeover of 888 Turk St., owned by the Archdiocese of San Francisco. He was the only protester charged with a felony.
The self-proclaimed “freedom fighter” threw bricks and other objects from the rooftop on protesters and cops below, striking at least one person and a police vehicle.
It was not Nesbitt’s first run-in with the law. The previous year, he was accused of throwing a glass bottle at a city worker during Occupy’s tent takeover of Justin Herman Plaza on The Embarcadero.
In an interview with the San Francisco Bay Guardian,
Nesbitt described himself as a homeless Army veteran with a mental illness and substance abuse issues.
He told the newspaper that he had spent time behind bars in Pennsylvania and Georgia, and also was in a Berkeley jail before joining the Occupy movement.
Many Occupiers did not side with Nesbitt in his latest case. While members of the movement urged activists who were charged in connection with protests not to take plea deals, some agreed Nesbitt should be punished.
“I’m all for busting the guy on the roof,” a veteran Occupy protester said in June of last year at a protest in front of the Federal Bank of San Francisco.