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A Canadian YouTuber has been charged with two felonies after he was seen pepper-spraying a man in front of the Menlo Park Ace Hardware.
The San Mateo County District Attorney’s Office determined that Richard Troyan, 48, who runs the YouTube channel True North Transparency, was not acting in self-defense when he allegedly pepper-sprayed a man in Menlo Park on March 29, District Attorney Steve Wagstaffe said.
Troyan is a so-called “First Amendment auditor,” people who film encounters with passersby in public places and upload the videos to platforms such as YouTube. Critics say that the auditors actively instigate fights, hoping to go viral and earn more money from their videos.
While Troyan had initially posted his video of the Menlo Park altercation with a title that bragged about the man getting “sauced,” it has since been removed from his channel.
Wagstaffe said that upon reviewing videos taken by bystanders, his office saw that the victim was not making threats that justified Troyan’s use of force. The man said something along the lines of “If you spray me, I will f— you up,” Wagstaffe said.
“What the victim said was conditional: ‘If you spray me.’ That means don’t spray it and he won’t carry out the threat. You don’t have a right to proactively act on that,” Wagstaffe said. “While there’s no duty to retreat, you only get to respond with force when you are threatened with force, and it has to be without a condition.”
Troyan was in downtown Menlo Park on March 29 with a group of auditors who filmed people in front of Draeger’s Market and Ace Hardware. The group included Southern California YouTubers Conrad Rankin and his son Nick Rankin, who post on the channel iiMPACT MEDIA.
The day prior, Troyan and the group were with Richard Maza, who posts on the channel “Freedom of the Press,” at a Mountain View Costco. Police say that while in front of Costco, Maza pepper-sprayed shopper Paul Rubino after a confrontation allegedly motivated by getting views on his channel.
Maza was arrested by the Mountain View Police Department and was in jail during the Menlo Park altercation. Maza was charged with aggravated assault with a deadly weapon and unlawful use of tear gas, both felonies.
The group of First Amendment auditors are also facing two federal civil lawsuits that accuse them of racketeering.
Rubino, represented by Redwood City attorney Andrew Watters, filed a federal lawsuit against the four YouTubers under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Rubino said he suffered significant vision loss after he was pepper-sprayed and is seeking $3 million in damages.
Watters also personally filed a RICO lawsuit against the group after encountering them at Draeger’s, where he alleges they harassed and threatened him. The Draeger’s interaction occurred shortly before the man was pepper-sprayed by Troyan.
A judge approved an arrest warrant for Troyan on one count of assault with means likely to produce great bodily injury and unlawful use of tear gas, both felonies.
While Troyan now is subject to arrest, actually acting on it will be difficult for police, Wagstaffe said. Troyan lives in Ontario, Canada and Wagstaffe said he does not believe Canadian authorities would proactively extradite him to the States.
But Wagstaffe said the warrant has now been entered into law enforcement databases and if Troyan comes back to the United States, officials may arrest him.
“If he is found anywhere in the country, or if he comes into the country, law enforcement will see the felony warrant,” Wagstaffe said.
