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Phoenix Jones No Charges

November 24, 2011 by staff 

Phoenix Jones No Charges, Seattle’s self-proclaimed “Superhero” Phoenix Jones will not be charged with misdemeanor assault for pepper spraying people in an attempt to stop a street fight on Oct. 9, Seattle City Attorney Pete Holmes announced Wednesday.

Seattle police officers arrested Ben Fodor, 23, aka Phoenix Jones, on four counts of assault for pepper-spraying a group of people near First Avenue and Columbia Street. Fodor initially approached the group as they appeared to be involved in a physical altercation. In an attempt to break up the fight, Fodor discharged a large can of pepper spray into the group.

Holmes said in a statement Wednesday that “proof problems” led to the decision not to charge Fodor. Holmes said two of the four victims who were at the heart of the alleged fight ran from the scene, and attempts to identify and interview them were unsuccessful.

Complicating the investigation was the avowed explanation by Fodor that he was coming to the aid of some of the people involved in the altercation. Washington 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.

“However,” Holmes said in his statement, “Mr. Fodor is no hero, 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.”

Fodor had worked with autistic children and as a home-care provider with the Washington Department of Social and Health Services (DSHS), but he lost his job last month when the state agency declined to renew his contract because he had been arrested for assault.

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