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Feb. 19, 2024

813: Peaceful Protesters ATTACKED - Violent Attacker FREE!?

When a peaceful activist defending medical freedom protesters from assault faced inflated charges while the actual attacker went free, it exposed the politicized, unjust reality of a broken system targeting dissent.

What happens when you try to peacefully protest for medical freedom, but get violently attacked instead – and then face criminal charges?

 

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On this eye-opening episode of The Brian Nichols Show, Brian talks with guest Kevin Mackie about his harrowing experience defending medical freedom protesters from assault, only to have the justice system turn against him. Joining the discussion is Mackie’s lawyer, Ilya Feoktistov.

 

Mackie recounts how he was moved to protest COVID vaccine clinics for children after researching concerns around their safety. On July 8th, 2022, his group faced a violent assault while demonstrating at a clinic in Massachusetts. Rather than defend the victims, local officials conspired to charge Mackie instead.

 

Feoktistov provides further context around the full video evidence exonerating Mackie, though prosecutors refuse to review it. Shockingly, the actual attacker faced minimal charges thanks to a “sweetheart deal.” Meanwhile, Mackie continues battling inflated allegations that contradict documented facts.

 

Throughout the saga spanning years now, officials leveraged trespassing and other inflated charges to target Mackie for his activism. Uncovered emails reveal coordination between police and state health officials around suppressing his protest message. The uphill legal fight continues.

 

Nichols spotlights the politicized failings of the justice system through Mackie’s case. He issues an urgent call to action for viewers to support Mackie’s defense fund, attend the April trial, and apply public pressure however possible. This chilling abuse of authority must not go unchallenged.

 

Kevin's GiveSendGo w/ Video of Assault: https://www.givesendgo.com/ActonAssault

 

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Transcript

Brian Nichols  
A group of anti COVID Vax mandate protesters were assaulted while demonstrating so why is the guy who was defending them? The one who's currently fighting charges? Yeah, we got talking about that instead of focusing on winning arguments, we're teaching the basic fundamentals of sales and marketing and how we can use them to win in the world of politics, teaching you how to meet people where they're at on the issues they care about. Welcome to The Brian Nichols Show. Well, hey there, Brian, if you're on The Brian Nichols Show, and thank you for joining us on of course, had another fun filled episode. I am as always your humble host, joining you from our cardio miracle Studios here in lovely, Eastern Indiana. The Brian Nichols Show is powered by amp America very excited to be part of the amp America team. And I would like you to head to amp america.com Check out some of our awesome opinion articles, news articles, and more from some awesome folks in the Liberty conservative movement. So please, one more time check out amp America very proud to be part of the amp America team also very excited to be powered. Yours Truly and personally by cardio miracle cardio miracle is our studio sponsor, and I am a huge, huge fan. Why because I've been using cardio miracle for just about eight months now. I gotta tell you folks, I have seen the cardio miracle difference for myself. Now. I've tried supplements all over the place. I mean, I've tried like like supplements to help get you know, the pump up at the gym supplements to help you sleep better every I tried it all. And nothing ever really worked. Until cardio miracle cardio miracle and it's secret ingredient. Nitric oxide has helped me experience that just better pump at the gym better restful nights at sleep at night. But also, I found my blood pressure. Absolutely plummeting. That's a good thing for me, especially with a family history of high blood pressure. So folks, I want you to experience the cardio miracle difference for yourself head the Brian Nichols show.com forward slash heart. Or if you're watching the video version of the show, just go right down below here in the show notes. Click the link, it'll bring you over to cardio miracle where you can go ahead get your order today, but also say 15% off your order use code TB N 's. And by the way, folks, I'm just going to tell you right now there is a 100% money back guarantee. But I don't think you'd have to use it. Because I guarantee I guarantee personally that once you use the cardio miracle that use cardio miracle for yourself, you're gonna see the difference firsthand. So please go ahead into the show notes. Click the link or if you're an audio listener, Brian Nichols show.com. Forward slash heart is 1,000% the best heart health supplement in the world one more time cardio miracle. All right now not I guess not some fun stuff. I usually say we're gonna have a fun filled episode today is not really a fun filled episode more. So A, this is happening episode. And let's just maybe bring our guests on to discuss this today because Kevin is going to join us and talk to us about why he was helping defend some anti COVID Vax protesters from being assaulted only to be the one who's now being having charges pressed against him. There's a lot here we have to unpack. So to discuss that Kevin is joining us as well as his lawyer, Ilya, gentlemen, thank you for joining The Brian Nichols Show. And I wish it was on a better topic to discuss Kevin but unfortunately, that's not where you found yourself back in 2022. So thank you for joining the show. And let's maybe start things off, who are you? And how the heck did you end up in the situation here, Kevin?

Kevin Mackie  
Yeah, so um, I've been basically started when work started mandating that people attest to their COVID vaccination status. I knew something was shady was going on. I did a lot of research into how they faked COVID Number deaths in in the in the media to make it seem like a bigger deal than it really was. I came to the conclusion that COVID was created for the vaccine and not the other way around. And I decided to become an activist. Do doing a lot of protesting doing a lot of civil disobedience. Getting arrested in the name of fighting against mandates. Never violent up until now. It was usually just peaceful protesting up until that day, and

Brian Nichols  
up until that day. Yeah, well and really quick. By the way, we will have the video for folks who are curious in the show notes. We were going to share it here but For the sake of time sounds like an eight and a half or so minute long video in its entirety. So folks, if you want to check out Kevin's video, he's referencing here this interaction link in the show notes. Kevin didn't mean interrupt, please continue. Sorry. Oh, no,

Kevin Mackie  
that's fine. The fight itself is like the first two minutes of it. The rest is additional information. But yeah, the day of it was July 8 2022, a group of us got together and saw that the act and the discuss Children's Discovery Museum and act in Massachusetts was holding a COVID vaccine clinic for five to 11 year old children, us knowing the harms of the vaccine, the instances of myocarditis, pericarditis and other health ailments that occur to people that become vaccinated. We wanted to warn these kids and their parents to stay away from this vaccine. So we went straight to the, to the, to the clinic. There was it was a public way. The museum is placed adjacent to a piece of public land eased to the public. So it's just like, protesting on a public sidewalk. And we went there protested, and during our protests, some dude comes out of the woods and starts violently attacking the whole group of us. Literally, by

Brian Nichols  
the way, folks, the guy just comes out of the woods, just like out of nowhere. The guy by the way, Fred Smith, right. Is that who we're referencing here?

Kevin Mackie  
That is yes. Okay.

Brian Nichols  
Good. Good old Fred Smith. Well, Kevin, at this point, Fred Smith's walking up to you lovely group of protesters who? And yes, we hear on the show, we've talked about this many a time like the COVID Vax story, the whole COVID conversation. If you're interested, folks, and you haven't heard any of those episodes, I don't know where you've done the past three years, but go through the archives. We got oodles of stuff to go ahead and check out but Kevin, let's let's go through, let's not talk about the COVID Vax and the merits and stuff. That's a whole separate conversation for a different day. But in this case, right, you you're out there, exercising your first amendment rights. Mr. Smith, doesn't come to Washington. He walks out of the forest somehow. And then he goes after you and then we start to see the physical engagement start to take place. What happens there? Well,

Kevin Mackie  
I can I can hand that part off to Ilya. Yeah,

Brian Nichols  
here we go. What happened here? Yes,

Ilya Feoktistov  
so the guy based on the video he blindsides Kevin from the right, grabs his hand and starts pulling on him. Meanwhile, he smacks woman's phone out of her hand with his other hand. And then we see on from far away from a different camera. He's dragging Kevin by his hand and by his large poster, Kevin had a big poster up. It was a sign that was mounted on one inch PVC pipe, joined together with T joints on the sides. So it was like a frame. So the guy is trying to wrestle the sign away from Kevin and he's dragging Kevin and he's calling at a second woman trying to hit her so at this stage, Kevin to defend himself and the woman whacks him over the head a couple of times with his megaphone. This does nothing absolutely to stop the guy or cause any injury. The guy continues his rampage there was some pepper spraying each time it was because Kevin pepper sprayed them each time it was because the guy was going after a woman. It was trying to attack a woman protester who was there. The guy rips apart the sign takes one of these PVC one inch pipes four foot long. Winds up like a baseball player and just wax the hell out of Kevin. For and Kevin doesn't even spray him because again Kevin only sprayed when the guy went after women. Not once he started trying to whack a woman with that pole, Kevin sprayed him again. Finally the guy left Kevin Cain, Kevin stuck around, waited for the police. In fact, he told everybody called the police. He gave his side of the story. The guy was arrested later. And Kevin ended are being charged.

Brian Nichols  
Okay, that right there leads to the biggest question mark I've ever had in my show. You have witnesses, you have video evidence. What Why? Why are we going after Kevin here? What? What's the argument? What's the what's the claim the case as being brought right now against Kevin. I mean, if we have all this data as evidence to refer back to I'm a little puzzled help help fill in the gaps here, gents.

Ilya Feoktistov  
They're refusing to allow so two things. Several witnesses, who were heckling the protesters who we know have, you know, pro COVID attitude, made false statements, not withstanding the video, made false statements about who attack whom first. And the prosecutors claiming that Kevin was the first aggressor, even though the video is obviously to the contrary, but we can't play the video until we have the trial. So basically, we have to go through this whole process.

Brian Nichols  
Pause. What they won't watch the video until the trial.

Ilya Feoktistov  
Yes, the police detective who filed the complaint left that video the initial attack out of his complaint. So it really looks like Kevin was the aggressor.

Brian Nichols  
Okay, wow. So let's just start there. There's a lot to unpack. How is that legal? It's not. So how are they doing this? I mean, I guess what are they even charging? Kevin would if we have video evidence that's that's going against everything from a charging standpoint that they could possibly bring forth here. So

Ilya Feoktistov  
battery with a dangerous weapon for the megaphone. Assault for there's one point where it looks like Kevin is punching the guy, but he's actually just putting the spray bottle in his hand in his face. The pepper spray, ironically, didn't charge them for the pepper spray and charge them for trespassing. Where trespassing. Yeah, where it was public property. Or public access property.

Brian Nichols  
And Fred, what did Fred get hit with?

Kevin Mackie  
Kevin, Fred got several felonies. Good several assault and battery with dangerous weapons, assault and battery dangerous weapon one for me, one for another protester and one for another protester. He also got what disorderly conduct and something else that might have been, although I'm not sure so Okay, so

Ilya Feoktistov  
then what happened?

Kevin Mackie  
Well, he got a sweetheart deal where the prosecutor just lumped it all together. He dismissed some of them outright and the rest lumped together and he got angry man, nine months of anger management and he's all set nothing. So he gets

Brian Nichols  
to go hang out with Jack Nicholson doing anger management. And then you're still facing all of these charges. Because and let's maybe dig into the political reasons because now we can actually go back to this COVID thing. Talk to me about what the Massachusetts Secretary of Health Mary Lou Sutter's, what are her emails showing?

Kevin Mackie  
So, basically, after the protests happened, the Vice President person that was running the VAX clinic alerted these public officials. One was part of the Massachusetts State Police and they contacted the governor's cabinet including Mary Lou Sutter's saying like they're all worried about what kind of news got out there about what happened that day. And they came out and in a FOIA that was uncovered by another of our fellow protesters. It was uncovered that they were in those communications with the mass state police and the mass State Police replied that they were going to do something about it. Which threw us we had no idea the mass state police had any involvement in this investigation into this in case until we found out via FOIA, which should have been handed over and discovery by our prosecutor because we only thought that the Acton police department had any involvement. Wow. So apparently more people Then we thought this was a bigger deal than we thought it was.

Brian Nichols  
They're making an example of you. It sounds like, yeah,

Kevin Mackie  
yeah. And they gave him a slap on the wrist and they're really going after me instead, despite what you see with your own eyes and the video, did

Brian Nichols  
they hate you the trespassing? They trespassed you. So, but you weren't the only protester. Did anybody else get hit with with trespassing? Or just Yes,

Kevin Mackie  
well, yes. And they kinda they did a really sneaky thing, too. So there were four of us that were hit with trespass charges, because there was a group of us. And those, those other four were brought to a clerk magistrate's hearing, Ilya represented them there. And he showed them the deed that shows that that's private that that that's public property, and got them dismissed that without even going to an arraignment. Now, despite me being in the exact same area as the other protesters because we were together, they still won't drop the trespass charge for me. I don't know why, why. That doesn't apply to me, too.

Brian Nichols  
This all smells so bad. Like, there's so much behind the scenes here that's taking place. I mean, it's quite obvious. They're targeting you, Kevin.

Kevin Mackie  
And, and one of the one of the protesters that ended up fleeing when Fred attacked, she fled and didn't end up talking to the police on site. So when talk when they when the witness advocate person called another one of our protest fellow protesters, the advocate wanted to know who that other person that ran off was, and with her consent, she told him, told her her information, then all of a sudden, that person gets charged with trespass. So under the guise of helping us out, she just bamboozled us into giving away one of our protesters information so that they could additionally charged her with trespassing.

Brian Nichols  
Holy cow. Okay, so this sounds bad, right? Like everything we've heard today. It just it sounds like it's a witch hunt. Right? And it's all targeted against you, Kevin. And I guess this might be a question for you, Kevin, or for you, Ilya. But like, what, what are what are things looking like, from a legal standpoint? As you're going closer now to a court date? Like? Do you see this being exposed for just like, the corrupt BS that it actually is? Or do you feel that Massachusetts might be playing some, some dirty, dirty little underhanded tricks behind the scenes that are gonna make this a lot more difficult than we expect?

Ilya Feoktistov  
They're gonna make this a lot of different, more difficult. I mean, our case is great. We have all the evidence, the problem is that the judge can really mess with it. And he has been messing with it. So far. We've been denied discovery. He denied us any investigation into this Massachusetts secretary of health thing. We weren't allowed to investigate, or now he did allow us to call her as a witness. So we'll be able to question her at trial, but we won't be prepared with documents that we wanted from the Secretary of Health. And then there's the jury, the Massachusetts local community is very much pro COVID vaccines 91% of that town's children, nine to sorry, five to 11 have been vaccinated. So that's five to 11 compared to the rest of the country, that's just massive. So we're hoping that the court will allow us to keep the topic of his protest away from the jury. That way, whatever they'll think it's some Black Lives Matter protest or something, you know, and maybe take pity on. But if the court lets the jury see what they were protesting about, we're up a bias jury. And that's going to be a problem.

Kevin Mackie  
And they won't, and we already motioned for this, and the judge hasn't ruled on it yet. He's just doing he's putting it off until trial. So we're up in the air until then, until April

Brian Nichols  
until April, so you have at least another two months here. are just kind of sitting and waiting. Yeah.

Kevin Mackie  
And we don't know which version of trial we need to prepare for which

Brian Nichols  
that okay, by the way, folks, this all took place, not this year, not 2023. It's happened back in 2022. Right that obviously, this is talking about the COVID mandate mandates and vaccine mandates and stuff. So this is where this is all coming up from. So you've been going through this Kevin for for two plus years, or two years now, almost. So like, what what has that been like for you personally? Like, how has this impacted your life? How has this impacted your job, all that stuff?

Kevin Mackie  
Well, it's it's a real pain, having to drive an hour and 45 minutes to court every month or two, just for this, and, and this was supposed to be over back in January of this year, because the original deal was that I would go up, plead the fifth, Fred, the attacker would go up, plead the fifth, there would be no other witnesses. And it would all get dismissed, and the prosecution agreed to this. But then, on the Friday before Tuesday's bench trial, where this was going to happen. All of a sudden, a witness wanted to come out and testify against me. So they threw that deal in the garbage. Wow,

Brian Nichols  
holy cow. Like. And by the way, this, this right here is a perfect example, especially to our friends on the right of how, how broken and not just broken but how weaponized our criminal justice system can be. We had Daniel Ben Yang on the show back a few weeks ago. And he was telling the story of what he was experiencing in his local community in Vermont. And he was just trying to do a shooting range. Like that's all he was trying to do. And they went after him. They targeted him. They they made him. They made him an example. And Kevin, that's candidly what it feels like they're doing to you here. They're trying to make an example you you want to stand up and protest our state IIDX Mr. John Q citizen, good luck, we're gonna make your life. Hell and that right there is terrifying because you You did the right thing. You stood up this by the way, my final thoughts, I'll turn it over to you as we get toward the end of the show here. But like you did the right thing. Kevin, you you stood up for personal personal defense, you were defending someone and in this case, we're defending women, right? And that's a good thing like that we objectively as a society as a human race, I hope we can all look at that and say, You did the right thing. Fred did the wrong thing. So in a just a common sense approach to this. We look at this and we say, Yeah, Fred's the bad guy. Kept, okay, maybe maybe slapped Kevin on the wrist for trespassing? I don't know. But like, not this, not what you're facing. And this is why there are so many folks who look at the system, right? I'm just gonna use the system, in this case, as a means to describe because they look at it, and they see, they see the corruption. They don't feel that they have a voice. And, and this is something that, man, I'm trying to, like, unpack the best way to take care of this stuff. Because we we talk about the importance of going local, right? We talk about like, hey, complain about federal government, that's great. But like, let's make a difference where you can actually make a difference state and local. This is your state government. This is your local government. And this is where it's like, well, then what? And I'm not trying to tell you what to do, Kevin, but like maybe maybe it's time to move, like I moved out of Philadelphia, PA, and that was during COVID as well. And I hightailed it over to Eastern Indiana, I would I would maybe just strongly recommend that maybe becomes a possible option on your roadmap of life here as you're kind of figuring things out. But I say all that folks like this is this is why this is such an issue because Kevin was just out doing his his first amendment rights, peacefully protesting. And then what happened, his entire life got turned upside down. Because one idiot walks out of the woods and turns into a violent man starts attacking people. And then Kevin standing up and defending himself and defending the people with him ends up getting the charges here just it's mind blowing. And it only stops when we as a people start to see this in mass and say, This is bad. We need it to stop and actually start holding people to account. So I say all that. That's my final thoughts for today. Kevin, what are your final thoughts? My man, what do you want folks to take away from today's episode? And obviously, we want folks to be able to support you. So we'll put that at the end. But just a nice little bow to route this episode today.

Kevin Mackie  
Yeah, you're you're absolutely right. And I feel like what you're saying is right about people the awareness factor. I feel like that's the only way to keep these corrupt officials in check is to make sure they know we're watching them because it's scary being in that car. Room Alone. Thankfully, we have more supporters. Now we have even somebody with a camera in there now. And I really feel like the purpose of that is to keep them aware that we're watching them, because they do the shady stuff when you're not watching and when they feel like nobody cares. So that's why we're trying to bring attention to this so that it keeps me safe. And it keeps others safe from this happening again, because it will happen again to somebody else in another version, but yeah, we got to they're, they're accountable to us. And they need to be reminded of that at all times. And we shame the shit out of them if they forget.

Brian Nichols  
Amen. Ilya. I know, we had Kevin Hahn here for his show. You're the legalese. But you have any final thoughts as we wrap things up today.

Ilya Feoktistov  
Just that this is part of the same kind of law fair that's being fought across the country. There are much bigger fish that they're catching, such as Donald Trump. But it's the same exact strategy of going after political opponents. And you know, Trump has money, lawyers attention, and so on. It's the little guys who are in the most danger because they have absolutely no support. And the same thing is happening to them as it's happening to the big name, guys. It's happening at all levels, wherever the left is in power.

Brian Nichols  
Wake up folks. Like, I don't know if you need an alarm clock. Here it is. Here's today's episode, because this is the stuff that you think like, oh, it won't hurt me. It won't impact me until it does. And when it does, all of a sudden, much like Kevin, your entire world is turned upside down. So I want you folks to please take this episode, really like really internalize this episode, think about the consequences of of what Kevin is facing just for standing up and speaking his mind exercising his first amendment rights that that is the part I think we all should take away from today. And frankly, be a little a little apprehensive, be a little I'm going to use the word scared, because that is a tool that is being used, not could be used is being used right now. against average, everyday people just like Kevin. So with that being said, Kevin, where can folks go ahead support you? They want to obviously learn more about the case, maybe be able to to voice some support. Where's the best means for folks to go ahead and do that?

Kevin Mackie  
Yeah. So I tell people, there's three ways that they can help out. One is they can share this story with their friends, family, journalists in particular, to get the awareness out. The second way is they can donate to Ilyas fund, he's been working tirelessly. So he, he he's been generously doing this pro bono. And he's running out of money because it's been taking so long. That link the gifts and go link in the bottom here gives him go.com/act and the salt. All the donations go directly to him. I don't touch it at all. And then the third way was the third way. I forgot. Oh, show up to the court cases in person if your local trial is currently scheduled for April 2 at 8:30am at the Concord district courthouse in Concord, Massachusetts, 305 Walden Street, we ask people to wear blue to support you know, to show that we're together. But you can also go on to my Facebook on my Odyssey channel, I usually put out all the updates from court. All the court audios Ilya does great recaps at the end, we capture that. I'm on Odyssey as at Kevin De Mackey. Just like I'm spelled here. Yeah, that's it.

Brian Nichols  
perfect gentleman. Again, I can't thank you enough for joining the show. Kevin telling your story Ilya giving some context. And obviously, I want you the audience to do something from today's episode, right? We always say go ahead and give the app a show to share. And that's true. Yes, I want you to share today's episode, but this is an episode that we need you to support an action in this case in this case, I I'm asking you audience, please go support Kevin Gibson go.com forward slash actin assault AC t o n not action, actin assault. And I'll make sure we include those links in the show notes. So please go give what you can if you are local in Massachusetts, please attend the court case April 2 8:30am. We'll make sure of course, all those links, as we talked about are in the show notes. And with that being said yet, obviously share today's episode that's part of the battle here. We want to more or less help wage a war of PR here for Kevin and help raise awareness to what's happening but not just for Kevin but for the fact that this can happen quite literally to anybody. So that's our episode for today, folks. Again, if you enjoy the episode, where can you go ahead and share it you can share the audio version, or the video version of the show audio your favorite podcast, Apple podcasts, YouTube, Music, Spotify, wherever it is, you get your podcasts, I get mine from podcast addict, just do me a favor, hit that subscribe button, hit that little notification bell and of course, do me a favor. Go back we have over 810 episodes here of The Brian Nichols Show I guarantee of those. There's a few they're gonna leave you educated and enlightened and informed. But please do me a favor specifically check out that episode with Daniel Ben yet I talked about earlier, I'm going to include that if you're watching on the video version of the show. Stay tuned, I'm gonna include that right about here should be popping up. But again, I'll include the video there with Daniel Benya. In the show notes. Kevin, do you have one more thing?

Kevin Mackie  
Yeah, I just wanted to remind people that at that Gibson go link is the video of the attack. Yep. So people can watch it.

Brian Nichols  
And yes, and they will make sure to include that as well in the show notes. So it's easy for folks to find so what we'll include that first two minutes or so or the actual confrontation, the following six or so is the the aftermath. So definitely is great to give some context also kind of horrifying that nobody in the justice system has watched that video yet. Apparently, that's kind of scary. But that is I guess the way our system works. Other than that, folks for the video version of the show, yes, YouTube rumble sovereign, Facebook, Twitter, wherever it is that you like to consume your video content we are uploading to The Brian Nichols Show. Again, do me a favor, hit that little like button, hit that notification bell. And of course head down below into the comments. We want to hear your thoughts. Do you believe this? Can you believe that there is a case like this happening right now despite literally all the evidence we have? I can't I would love to hear your thoughts. And I'm sure Kevin and Ilya would as well let us know down below in the show notes or if you just want to keep those thoughts private. Email me Brian at Brian Nichols show.com. One last plug. I know I'm a sales guy have to please support the folks who support us here at The Brian Nichols Show. And that is our sponsors. So whether it's cardio miracle evals, CBD, liquid freedom energy T B and C technology advisors or more, they're all found over at Brian Nichols show.com. You can find them on the homepage or if you check out the episode page for today. You'll see all those sponsors lined up right there on the right hand column. That's all I have for you folks, thank you for joining us and please go share today's episode, we gotta raise awareness for Kevin and just insane case that he is currently facing. So with that being said, Brian Nichols signing off. You're on The Brian Nichols Show for Kevin and Illya. We'll see you guys next time. Thank you. Thank you

Transcribed by https://otter.ai