Former UT Tyler student allegedly hits people with a cane at a Turning Point USA event. Then campus police cuff him as someone yells ‘That’s assault’
A 19-year-old former University of Texas at Tyler student faces three assault charges after he allegedly struck attendees with a prop cane at a Turning Point USA event on campus Tuesday, according to KLTV. Ciro Stephen Tomlian, of Jacksonville, Texas, was arrested by UT Tyler police at the scene. The university said he was not enrolled at the time.
Tomlian is charged with two counts of aggravated assault with a deadly weapon and one count of assault causing bodily injury. Turning Point USA video appears to show a campus officer handcuffing him as someone yells, “That’s assault.”
UT Tyler President Dr. Julie V. Philley said in a statement that an individual who is not a UT Tyler student assaulted three people. She added that everyone has the right to free speech and that violence will not be tolerated. Tomlian has since received a criminal trespass warning and was being held in the Smith County jail.
The video appears to show him ripping down a flag before swinging the cane
The footage appears to begin with a man in a cape and round-brimmed hat pulling an American flag down from the group’s tent. He tells organizers, “y’all don’t deserve this,” before people at the event confront him. He then yells, “Back the f*** up you fascist pieces of s***.”
A woman tells him to stay away, and he raises his cane before taking a checked swing toward her. A male voice then tells him, “No one’s scared of you.” Tomlian swings the cane again, appearing to strike the person who spoke, before someone grabs it from him.
Once cuffed, Tomlian appeared to defend his actions, saying, “freedom of speech does not mean freedom from consequences.” As police led him away, he added, “I apologize, officer. I was backed into a corner.” Frontlines TPUSA, which shared the video, said two students were hit but that no injuries were reported.
UT Tyler President Dr. Julie V. Philley said in a statement that an individual who is not a UT Tyler student assaulted three people. She added that everyone has the right to free speech and that violence will not be tolerated. Tomlian has since been issued a criminal trespass warning for the campus.
U.S. Rep. Nathaniel Moran, who represents the Tyler area, shared the video and said the First Amendment does not protect assaulting people someone disagrees with. He added that violence has no place on any campus and thanked UT Tyler police for acting quickly.
A prop cane could still count as a deadly weapon under Texas law
The aggravated counts likely turn on how Texas defines a deadly weapon. Under the state’s penal code, the term covers anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. That matters here, as the cane was reportedly a prop.
Texas courts have found that even hands can qualify as deadly weapons depending on how they are used. Aggravated assault applies when someone uses or exhibits a deadly weapon during an assault. However, prosecutors would still need to show the cane was capable of causing serious injury, as the definition turns on how an object is used.
The third charge sets a lower bar, as Texas courts have held that any physical pain, however minor, can establish bodily injury. That standard can apply even when no wound is visible. However, none of the charges against Tomlian have been proven in court.
If convicted on either aggravated count, Tomlian could face two to 20 years in prison under Texas sentencing law. In contrast, the bodily injury count is typically a Class A misdemeanor carrying up to a year in jail.
Have a tip we should know? [email protected]
Follow The Mary Sue:
