Trial Ordered for Man Accused of Little Italy Battery

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San Diego, CA (October 6, 2019) – Kyle Erik Allen, 50, is charged with battery and hate crime allegations. These come after he allegedly attacked three women wearing hijabs near Columbia and Beech streets.

According to Deputy District Attorney Leonard Trinh, the women walked, and after encountering Allen, he shoved one with his shoulder, slapped another with an open hand, and tried to take the hijab off the third. He also allegedly yelled, “go back to your country! Go back to where you came from!”.

Source: ABC10

Kerry Armstrong, Allen’s lawyer, stated that his client is not a racist at all. Mr. Armstrong also noted that it was a regrettable event.

After the alleged incident with the women, Mr. Armstrong stated that bystanders beat up Allen. According to Kerry Armstrong, Allen received a cut on his face, and one side of his face is very bruised.

Witnesses led police to Allen’s apartment. They rattled the door and Allen feared that the bystanders were going to beat him up again. He answered the door with a gun. Police took ten guns from Allen’s apartment.

The three women now have a protective order against Allen. They did not appear in court.

Updated December 19, 2019 – Kyle Eric Allen, 50, faces a trial after being accused of battery and hate crimes in Little Italy in October. 

One of the women, Najma Mohamed, testified that she pushed Allen back. Mohamed also stated that Allen struck one of the other women in the face. 

According to Allen’s defense attorney, Kerry Armstrong, Allen was attacked at the scene by many bystanders. Armstrong stated in court that the events were accidental and caused by the narrowness of the sidewalk. He also said that even if the accusations were true, they didn’t represent felony conduct.

San Diego County Superior Court Judge Margie G. Woods bound Allen on all counts. Judge Woods also denied Armstrong’s motion to reduce the charges to misdemeanors. 

Allen is currently out on bond until January 6, 2020, for a superior court arraignment. He will face up to four years and four months in state prison if convicted on all charges. 

Details about Allen’s trial will be released as soon as possible after the arraignment. 

At the Law Offices of Kerry L. Armstrong, our attorneys have more than 38 years of combined experience in criminal defense. Our criminal defense attorneys are nationally renowned for their compassion toward clients and help them alleviate the damage done with a criminal charge.

We want to offer emotional support during these difficult times to both you and your family. If you are facing a criminal charge and need legal representation, contact us today. 

Sources: 10 NEWS, KUSI, FOX5, San Diego Tribune

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Kerry L. Armstrong


Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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