PHOENIX — Two employees of the right-wing organization Turning Point USA admitted their guilt in a planned confrontation last October with a queer instructor on Arizona State University's Tempe campus, according to court documents obtained Monday by 12News.
TPUSA's Kalen D'Almeida, a social media personality, and videographer Braden Ellis signed identical agreements with prosecutors.
"I do not contest my guilt in this matter because I admit that I committed the offense as charged," the agreements said, according to the court order.
D'Almeida was charged with misdemeanor assault, harassment and disorderly conduct. Ellis was charged with misdemeanor harassment.
Both are required to complete court-ordered diversion programs. A failure to complete the programs within a year could result in prosecution.
"I acknowledge that this admission of guilt may be used against me if I do not successfully complete the diversion program and I decide to have a trial in this matter," the court order said.
Terms of the agreement were drafted by the Maricopa County Attorney's Office.
Arizona State University provided this statement to 12News:
Arizona State University is pleased with the Turning Point USA defendants’ admission of guilt in court in their respective roles in the harassment and injury inflicted on one of our instructors in October 2023. Harassment or threatening behavior toward ASU employees will not be tolerated.
Video of the confrontation shows D'Almeida peppering instructor David Boyles with questions about his sexuality as Boyles walked toward a campus garage.
Boyles had told D'Almeida he didn't want to answer D'Almeida's questions.
"You can't run. It's best if you just talk to me on why you want to push sodomy to young people," D'Almeida said as Boyles continued walking away.
Boyles is a founder of Drag Story Hour. He teaches writing and a course on "LGBTQ+ youth in pop culture and politics."
As the group approached the Fulton Garage on the Tempe campus, ASU security video showed Boyles appearing to reach for the videographer. Boyles was then shoved to the ground by D'Almeida, according to the ASU Police report.
Boyles hit his head on the stone plaza. He later posted a Facebook image showing a cut on his face.
"Let me assure all of you that ASU will do all that we can to end the bullying and intimidation of our faculty members by Turning Point USA and to reduce threats against the members of the ASU community which arise from such actions," ASU President Michael Crow said after the video came out.
"It is stunning for Turning Point USA leadership to endorse, defend and fund such activity in the name of 'freedom.'"
TPUSA spokesman Andrew Kolvet told 12News via text message Tuesday that the organization paid the legal bills for D’Almeida and Ellis, but wasn't involved in any legal decisions they made with their attorney.
D’Almeida still works for TPUSA, Kolvet said, and Ellis left the organization about a month ago.
Kolvet provided this response to the plea agreement:
TPUSA is uninvolved in this matter, and the decision on the correct legal course has been left entirely to our reporters and their counsel.
To be clear, Kalen and Braden have not been found guilty of anything in court. Diversion is a legal tactic where all charges are dismissed, and the language is boilerplate and standard to all such cases.
The fact is our reporters would not be permitted a jury trial for such a low level misdemeanor, but instead be subject to a bench decision from a judge, Tyler Kissell, who doesn't even have a law degree, was vice president of the ASU chapter of Young Democrats, ran for state Senate as a Democrat, and whose recent work experience includes teaching pre-school. Given these realities, we entirely understand why they decided to pursue this route.
Scott Davis, communications director for Maricopa County Justice Courts, refuted the TPUSA spokesman’s description of the legal process.
“At no time were the defendants denied the right to a jury trial. They faced charges of harassment, disorderly conduct, and assault - misdemeanor crimes that under Arizona law are not eligible for a jury," Davis said. "When the County Attorney’s office reached an agreement with the defendants and filed a motion with the court to discontinue prosecution, Judge Kissell granted the motion and the court involvement ended.”
You can read the court documents below:
Up to Speed
Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.
Watch 12News+ for free
You can now watch 12News content anytime, anywhere thanks to the 12News+ app!
The free 12News+ app from 12News lets users stream live events — including daily newscasts like "Today in AZ" and "12 News" and our daily lifestyle program, "Arizona Midday"—on Roku and Amazon Fire TV.
12News+ showcases live video throughout the day for breaking news, local news, weather and even an occasional moment of Zen showcasing breathtaking sights from across Arizona.
Users can also watch on-demand videos of top stories, local politics, I-Team investigations, Arizona-specific features and vintage videos from the 12News archives.
Roku: Add the channel from the Roku store or by searching for "12 News KPNX."
Amazon Fire TV: Search for "12 News KPNX" to find the free 12News+ app to add to your account, or have the 12News+ app delivered directly to your Amazon Fire TV through Amazon.com or the Amazon app.