Ashli Babbitt’s brother convicted of a hate crime.

Ashli Babbitt's brother convicted of a hate crime.

The brother of slain Capitol rioter, Ashli Babbitt was convicted of a hate crime on Wednesday for assaulting a Latino SDG&E worker last year.

Roger Stefan Witthoeft Jr., 34, was convicted on misdemeanor battery charges with a hate crime enhancement, according to San Diego City Attorney Mara Elliott.


During the attack on Sept. 14 2021, Witthoeft confronted the SDG&E worker who was diverting traffic near the intersection of a work site and yelled racial slurs at him, according to NBC.

Elliot said in her statement that Witthoeft slapped the worker and told him to “talk in English you (expletive) immigrant” and to “go back to your country.”

“This jury has sent a clear message that violent, abusive, and racist conduct like this has no place in our community,” Elliott said. “My Office will continue to prosecute and hold accountable people who commit hate crimes, and I urge victims and witnesses to report all such activity.”


Witthoeft is scheduled for sentencing on Dec. 13. He faces up to a year in jail, one year of probation and a fine of $1,000.

Witthoeft has had previous run-ins with the law. In 2016, he kicked out the window on a 71-year-old Latino man’s truck who asked him to move his vehicle. In January this year, he knocked a man to the ground and stomped on his phone because his car was blocking the sidewalk. Officials say the victim was helping a disabled friend out of his car at the time of the incident.