Proud Boy ally will appeal stalking order
Sandy cigar store owner Dixie Bailey, a "patriot" leader who is a close ally of jailed Proud Boys activist Alan Swinney, plans to appeal a stalking order that prohibits her from carrying guns.
On Nov. 19, Clackamas Circuit Judge Jeffrey S. Jones found that evidence presented in court by Jolynne Milone, a critic of Bailey's, justified continuing an earlier temporary stalking order banning Bailey from interacting with Milone. The allegations against Bailey included pointing a gun at Milone outside her house and posting her home address online.
The stalking ruling may block Swinney from living on Bailey's property in Rhododendron if he is released from a Multnomah County jail, according to Bailey, but she said she hasn't confirmed that yet.
Bailey, who denied pointing a gun at Milone, said the stalking order means she won't be allowed to possess a gun. She noted that Milone had posted her address online first, and called the situation "ridiculous."
Milone, for her part, said she was pleased by the ruling, but said Bailey's continued social media postings have sparked new threats against her. Milone had cited several threatening online comments in court. One of her friends testified that Milone was visibly shaking after the encounter with Bailey.
In court, Bailey denied pointing a gun at Milone. But she admitted that she was carrying one in a holster at the time her truck pulled up outside Milone's home. Her husband, who was driving, also said Bailey did not draw her gun.
However, Milone's lawyer, Thomas McElroy, pointed out that her testimony — that she held only a cell phone at the time Milone said she was pointing a gun — differed from that of her husband on whether she was holding a cigar as well.
McElroy also pointed out that Bailey claimed in court that the visit was not premeditated — even though she seemed to indicate it was premeditated in an online posting immediately following the encounter.
Yet another question was raised when Bailey's lawyer at one point claimed a video of the encounter made by Bailey would vindicate her. The only video provided shed no new light on the case.
"The facts from trial lead to the conclusion that it is more likely true than not true" that Milone's version was accurate, the judge wrote in his ruling. He noted that the standard of proof required was lower than in a criminal case, where the evidence must constitute "proof beyond a reasonable doubt."
Both Bailey and Milone say they were telling the truth in court.
Swinney implications unknown
Swinney, who has been prominent nationally in the right-wing Proud Boys group, faces charges in Multnomah County that include assault and menacing. He also played a role in the stalking order proceedings, though he was not a party to the case. He had chimed in on a Facebook message by Bailey posting Milone's address, and Bailey used the same lawyer as Swinney.
Multnomah County prosecutors in Swinney's criminal case had opposed reducing his $534,000 bail. They cited social media posts by Swinney indicating he feels he is in a "civil war" and that "violence is the appropriate response to the protests occurring in Portland."
As part of his bid for release pending trial, Swinney had promised to stay with Bailey if let out of a Multnomah County jail. Bailey said Swinney "was going to rent a camper from me when he got out."
Bailey has raised funds online for Swinney's defense as well as her own. Similarly, Milone has been raising funds to reimburse her legal expenses from the stalking case.
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