Brother of slain Capitol rioter Ashli Babbitt charged with attacking man in California

City attorney in San Diego calls actions ‘reprehensible’ ahead of trial for alleged hate crimes

The brother of dead Capitol rioter Ashley Babbitt has been charged with bribery and vandalism in connection with an attack on a man who was assisting his disabled friend.

Roger Stefan Witthoeft Jr, who awaits trial in a separate case, allegedly committed the act on 13 January in a neighbourhood of San Diego, California.

On Tuesday, the San Diego City Attorney’s Office said in an announcement that Mr Witthoeft, 33, is due to be arraigned in San Diego Superior Court on 6 May in connection with the attack,

He “confronted a man on Muir Avenue in Ocean Beach who was helping a disabled friend out of a car”, the attorney’s office said.

Mr Witthoeft then “became angry” about the pair blocking his path on the sidewalk and stood in their way before allegedly pushing a male victim to the ground.

“Witthoeft blocked the victim as he tried to walk around the car. When the victim tried to push past Witthoeft, Witthoeft struck him, knocking him to the ground” said the statement.

The attorney’s office said “He then stomped on the victim’s phone and broke it,” with the incident caught on a nearby security camera.

Mr Witthoeft has already been accused of attacking another man in the city in September 2021, for which he is facing battery and hate crime charges.

The San Diego’s Attorney Office said the Ocean Beach victim alerted authorities to the encounter “after reading news coverage of Witthoeft’s hate crime case in which he battered and verbally abused an San Diego Gas & Electric (SDG&E) worker using racial epithets.”

The brother of Babbitt, the Capitol rioter who was killed while storming a hallway in the US Capitol on 6 January 2021, had allegedly become “enraged” at the SDG&E worker’s van blocking an intersection in Point Loma Heights before attacking a man.

He then “hurled racial slurs and struck” the victim, who according to the attorney’s office was told: “Why don’t you talk in English you f***ing immigrant?” and “Go back to your country you f***ing immigrant.”

“Witnesses told police that Witthoeft urged the worker to fight him, shoved the worker, and swung at the worker, knocking off his hardhat,” a statement said following the encounter.

The Times of San Diego reported on Wednesday that Mr Witthoeft is due to go trial in June on charges of battery with a hate crime enhancement for the September 2021 incident. He has pleaded not guilty.

“Mr Witthoeft’s disdain for those who are different from him because of their nationality or disability is reprehensible,” City Attorney Mara W Elliott said.

“Our community members, visitors, and those who work in our neighbourhoods have the right to be free from acts of violence. This Office will fight hard to hold Mr Witthoeft accountable.”

It was not clear if he had a lawyer.