3rd Person Charged In Firebombing Of OC Planned Parenthood Clinic

A third person has been arrested and charged with firebombing a Planned Parenthood clinic in Costa Mesa last year, which prosecutors say was the result of a conspiracy weeks in the making.

Xavier Batten, 21, of Brooksville, Florida, was arrested by the FBI on Friday, federal prosecutors announced on Monday. He joins two others previously arrested and charged in the case: Chance Brannon, an active-duty Marine stationed at Camp Pendleton, and Tibet Ergul of Irvine.

All three defendants are charged with one count of conspiracy and one count of malicious destruction of property by fire and explosion. Brannon and Ergul are also charged with possession of an unregistered destructive device and intentional damage to a reproductive health services facility.

If convicted on all counts, they’re looking at potentially decades in federal prison.

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“The message we want to send to all individuals out there who would think about engaging in this sort of conduct is that we take these types of actions very seriously,” U.S. Attorney Martin Estrada told LAist in a phone interview Monday.

“Law enforcement will work doggedly and thoroughly to uncover your identity and bring you to justice,” said Estrada, who leads the federal prosecutor’s office that brought the charges.

Asked what motivated the attack, Estrada told LAist the investigation is still ongoing but “there is evidence indicating animus towards women on the part of the defendants.”

Brannon entered a not guilty plea on Monday, according to his attorney Kate Corrigan.

“I’m looking forward to receiving the evidence in the case from the government, and we will proceed from there. Obviously the charges are very serious, and we will be defending them vigorously,” Corrigan told LAist.

Ergul’s attorney didn’t immediately return a phone message for comment, and Batten's temporary attorney in Florida declined to comment.

Molotov cocktail used in attack

The attack took place around 1 a.m. on March 13, 2022 after Brannon and Ergul scoped out the clinic, prosecutors allege. The two are accused of approaching the building’s entrance, throwing a Molotov cocktail at it and fleeing the scene. The burn marks from the flames allegedly reached about 10 to 15 feet high.

“Fortunately, Costa Mesa Fire Department personnel arrived at the scene and were able to contain the damage. No clinic employees were working at the clinic when it was attacked, but the clinic was forced to close and cancel approximately 30 appointments the next day,” Estrada said. “Nonetheless, defendants boast about what they had done in messages and photos they shared after the attack.”

Prosecutors said the defendants discussed and planned the attack weeks ahead of time.

“The attack was not random. It was a planned and concerted effort to attack the clinic on account of the services that clinic provided, namely reproductive health services,” Estrada said.

A photo of an alleged Molotov cocktail filled with gasoline in a car with two of the defendants. Prosecutors included the image in their criminal complaint released Monday.

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FBI, via U.S. Attorney's Office

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FBI probable cause affidavit, via U.S. Attorney's Office

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Federal prosecutors say searches uncovered a second Molotov cocktail in Ergul's garage, as well as illegal firearms — including a short-barreled rifle and silencers — at Brannon's home.

“We were fortunate that law enforcement officers were able to identify and arrest these defendants and potentially prevent other attacks,” Estrada said.

Representatives of the local Planned Parenthood chapter said they appreciate law enforcement's ongoing work to find everyone involved in the firebombing.

"Hopefully this will serve as a warning to others with malicious intent toward health care providers, that this type of violence and intimidation will not be tolerated," said a statement from Planned Parenthood of Orange and San Bernardino counties.

"The safety of our patients and staff is our highest priority and we will not be deterred in our mission to provide high-quality, compassionate care to our community, as we have for the last 55 years."

History of attacks on clinics that offer abortion services

There’s a long history of attacks against clinics that offer abortion services in the U.S., including a May 2022 arson attack against a Wyoming clinic in which a woman pleaded guilty last week.

The conspiracy and malicious destruction charges each carry a minimum of five years in federal prison and a maximum of 20 years. A conviction for possession of an unregistered destructive device could result in a prison sentence up to 10 years. And the charge of intentional damage to a reproductive health facility can lead to up to one year in prison.

“Attacks against victims — including those at clinics that provide reproductive health services — are something we don't tolerate and something we take very seriously, which is demonstrated by this prosecution,” Estrada told LAist.