
By CASEY MCNERTHNEY, SEATTLEPI.COM STAFF
Seattle’s self-proclaimed “superhero” Phoenix Jones won't face charges with misdemeanor assault for a pepper spray incident last month near the Alaskan Way Viaduct because of "proof problems," City Attorney Pete Holmes said Wednesay.
"However, Mr. Fodor is no hero," Holmes said in a statement, "just a deeply misguided individual.
"He has been warned that his actions put himself in danger, and this latest episode demonstrates that innocent bystanders can also be harmed."
Phoenix Jones, whose real name is Benjamin Fodor, was arrested Oct. 9 after interjecting himself into a group of people and pepper spraying several people. Fodor, 23, was jailed and released the same day on bond. When no charges were immediately filed, he said he would “continue to patrol.”
The City Attorney’s Office had the option to file charges, but announced charges would not be filed after the case was reviewed. Fodor previously told reporters he was trying to stop as assault.
Holmes staff spoke with two of the four alleged victims. But attempts to identify and interview two men who ran from the scene were unsuccessful. Based on the information available, Holmes said it's unlikely a jury would find beyond a reasonable doubt that Fodor committed a crime.
State law allows a person to use force when coming to the aid of someone that he or she reasonably believes is about to be injured.
But Holmes said in the future he will "ask our Legislature to prohibit individuals from carrying the large quantity of pepper spray employed by Mr. Fodor — far more than can be justified solely for self-defense purposes."
He also urged Fodor to consult legal counsel regarding his own potential personal civil liability "if he persists with his vigilante alter ego." Holmes said the state's Good Samaritan statutes are designed to protect individuals who happen upon — rather than actively seek out — opportunities to render assistance to others, without expectation of compensation.
"These laws are not designed to protect a branded, costumed character, his roving video crew, or their copyrighted videos from the reach of tort plaintiffs," Holmes said.
When speaking to reporters last month as Phoenix Jones, Fodor told reporters he was breaking up a fight and claimed he was the real victim of the incident. Fodor and his supporters have claimed police didn’t follow protocol.
Police say Fodor barged into the situation – something they say he's done in several other cases - and assaulted the women and men with the pepper spray.
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Still going to call this one a pseudo victory as Jones is now publicly tagged as a misguided vigilante. Only a matter of time now before a civil suit pops up.