A man accused of pepper spraying Palestinian-flag-waving protesters at a 2021 rally will not spend time in jail.

At a hearing Monday, Brian Turner of Fresno took a plea deal, ending two-and-a-half-years of court hearings and uncertainty.

“Short of a complete dismissal, you can’t get much better than this,” Turner’s attorney, Marc Kapetan, told GV Wire.

Turner pleaded no contest to a misdemeanor count of illegal use of tear gas. One other felony charge was dismissed, as well as a hate crime enhancement.

Fresno County Superior Court Judge Gabriel Brickey sentenced Turner to 40 hours of community service. The case will be dismissed in six months if Turner complies, Kapetan said.

Argument at the May 2021 Rally

Prosecutors accused Turner of using pepper spray at a north Fresno stoplight on May 15, 2021. While stopped on westbound Nees Avenue at Blackstone Avenue, Turner argued with people in a car that pulled next to him.

Video — recorded by the victims and from a nearby business — appeared to show a Palestinian flag waving from the car, one protester exiting the car momentarily and moving toward Turner, and Turner spraying a substance at the car.

The case made its way slowly through the court. A preliminary hearing in April 2023 was halted after Kapetan filed a motion to disqualify Judge Alvin Harrell III on accusations of bias. That motion was dismissed.

The hearing resumed in July, where one charge was dismissed — pepper spraying the protester who left the car was ruled self-defense. However, the other two charges remained.

The plea deal was first reported by Fresno Bee courts reporter Robert Rodriguez.