A man who drew a pistol and fired a paintball gun into a r estive crowd of protesters in downtown Portland will remain in state prison, the Oregon Court of Appeals ruled, rejecting most of his appeal.

Alan J. Swinney is serving a 10-year sentence in the Oregon State Penitentiary after he was convicted of second-degree assault and unlawful use of a weapon for his actions during several “flag wave” protests held on the steps of the Multnomah County Justice Center in August 2020.

Swinney, 55, had traveled from Texas to the protest as a self-proclaimed member of the Proud Boys, a far-right group that frequently clashed with black-clad counterprotesters in prior years.

On appeal, Swinney argued that prosecutors had wrongfully applied the concept of “transferred intent” — essentiall

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