Two out of the three individuals accused in the firebombing attack on a Planned Parenthood clinic in Costa Mesa last year entered pleas of not guilty in federal court on Monday. The third defendant, Xavier Batten, remains in custody in Florida, where he was apprehended on Friday by the FBI. U.S. Attorney Martin Estrada stated that his office is coordinating with Florida prosecutors to transfer Batten to Orange County.
The U.S. Attorney’s Office has charged Batten, Tibet Ergul, and Chance Brannon with the attack. Ergul, 21, resides in Irvine, while Brannon, 23, is an active-duty Marine stationed at Camp Pendleton. Both Ergul and Brannon were arrested on June 14.
During their arraignment, Ergul and Brannon pleaded not guilty to the federal charges. A pretrial conference is scheduled for August 28, and the trial will commence on September 5 before U.S. District Judge Cormac Carney.
As stated in an affidavit from FBI Special Agent Jennifer Hirsch, Ergul and Brannon allegedly threw a Molotov cocktail at the clinic entrance during the early morning hours of March 13, 2022. They returned to the clinic approximately two hours later. The attack was captured on security footage.
U.S. Attorney Martin Estrada stated that the attack was premeditated and targeted the clinic for the reproductive health services it provides. He also mentioned that there were prior discussions about the attack, with Batten providing instructions to Brannon on making a Molotov cocktail.
The defendants allegedly communicated with each other after the attack, boasting about their actions. All three defendants are facing charges of conspiracy and malicious destruction of property by fire and explosion. In addition, Ergul and Brannon are charged with possession of an unregistered destructive device and intentional damage to a reproductive health services facility, which violates the Freedom of Access to Clinic Entrances Act.
If convicted, the conspiracy and malicious destruction charges carry a sentence of five to 20 years in federal prison. Possession of an unregistered destructive device is punishable by up to 10 years in federal prison. Intentional damage to a reproductive health facility carries a maximum sentence of one year in federal prison.
Estrada indicated that the investigation is ongoing and evidence suggests animosity towards women as a potential motive for the attack. The clinic had to close, causing dozens of appointments to be canceled and rescheduled.
Following the attack, Ergul sent a text message to an acquaintance taking credit for the fire. He also shared a photograph of the Molotov cocktail, which was taken inside Brannon’s car. Surveillance video showed Ergul and Brannon approaching the building wearing hooded sweatshirts and masks.
The estimated damage to the clinic was approximately $1,050. The FBI received a call from a witness who provided information about Ergul’s involvement in the bombing, leading to his arrest. It was revealed that Ergul had a history of violence, as he was previously arrested in Arizona for assault and criminal damage.
Brannon’s attorney, Kate Corrigan, declined to comment on the case. However, during Brannon’s initial court appearance, Corrigan questioned the relevance of his military training being cited as a reason for considering him dangerous. She mentioned that Brannon specializes in the Farsi language and has strong family ties in the local area.
Assistant U.S. Attorney Kathrynne Seiden informed the court that Brannon had crossed into Mexico without notifying Camp Pendleton officials and raised concerns about his father’s alleged involvement in money laundering through an online betting company in Costa Rica.
During a search, law enforcement agents seized silencers, a short-barrel rifle, and banned weapons from Brannon’s possession. They also discovered neo-Nazi paraphernalia and disturbing drawings in his room, depicting violence against Jewish individuals and a desire to harm journalists.
Corrigan argued that the material found in Brannon’s room was irrelevant to the alleged crime and that he did not create it. She provided clarification that Brannon’s father had abandoned the family years ago, and there was no communication or financial ties with him.
The case is ongoing, and investigations continue to uncover further details. The defendants will face trial in September to determine their legal consequences.
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