Arizona Prosecutors Pretend 'ACAB' Is Gang Lingo To Hit Protesters With Felony Gang Charges
from the it-appears-at-least-some-of-these-cops-are-bastards-tho dept
Since it's impossible to calm the police down, it appears prosecutors and law enforcement agencies are shifting their focus into inflicting maximum pain on those exercising First Amendment rights. A truly ridiculous response to a recent protest in Arizona shows just how far the government is willing to go to stifle dissent. Maybe the ultimate goal isn't to end protests, but the end result of this Phoenix protest shows local law enforcement is willing to put their credibility on the line to punish citizens for being unhappy with the status quo.
On Oct. 17, about 20 people gathered in downtown Phoenix to march for justice for victims of police violence. The group was made up mostly of young people, including three 17-year-olds, an honors student from Arizona State University, and a Harvard student. The group marched down the streets of Phoenix chanting “Black lives matter.” Some of the protesters moved traffic cones and signs into the middle of the street. Some carried umbrellas, which protesters have used to protect themselves from tear gas and projectiles.
Eventually, police officers donning helmets and bulletproof vests closed in on the group. With a weapon drawn, an officer told them to get on the ground, which they did. Police ripped away the umbrellas. Dozens of officers surrounded the protesters, video footage shows. Police handcuffed the kneeling protesters, yanked them to their feet, and put them in the back of cruisers. Police used pepper bullets on at least one of the protesters.
This is only part of the disproportionate response. The major damage came after the arrests, when prosecutors added felony gang charges. . .
And the Maricopa county prosecutor's office has continued to double-down on this brutal stupidity. It has refused to directly address the ridiculousness of pretending ACAB is a gang call sign and instead keep pointing people to its asterisk:
On October 27, 2020, a Maricopa County Grand Jury issued indictments on fifteen individuals for incidents that occurred on October 17, 2020. The indictment is for several crimes, including conspiracy to commit assault, riot, and assisting a criminal street gang. The attached Grand Jury Indictment outlines all charges.
While some will attempt to describe these defendants as “protestors,” a grand jury found probable cause to *charge this group with crimes, including the planning of violence.
It's just an accusation, folks.
*A charge in a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
See? Nothing stupid or politically-charged about turning BLM protesters carrying umbrellas into a street gang for indictment purposes.
A few months down the road and these charges remain on the books. Nothing has changed. The prosecutors are offering plea deals, but the "deals" involve pleading guilty to something that simply isn't true:
According to an attorney familiar with the case, the plea requires the defendants to plead guilty to two felony offenses, including the street gang charge.
Unlike some of the other charges the protesters are facing, these charges can't be expunged or downgraded to misdemeanors. This is permanent. And it's only there because cops and prosecutors found a handy way to severely punish people who are already unhappy with the actions of cops and prosecutors. There's nothing in here that's going to close the divide between these public servants and the people they serve. This is Maricopa law enforcement showing residents they're exactly who the residents thought they were: petty, vindictive people with far too much power.
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ABC 15 REPORT with video of ACLU Press Conference
Outrage over gang charges for police protesters in Phoenix
PHOENIX — More than a dozen community organizations, legal groups, and faith leaders held a joint press conference Tuesday to denounce the Maricopa County Attorney’s Office’s continued prosecutions against police protesters.
Specifically, the group called for MCAO to drop a controversial set of street gang charges against protesters after arrests last month.
“Make no mistake, these are political prosecutions,” said Jared Keenan, an attorney with ACLU Arizona. He continued, “Filing trumped up charges of gang affiliation against those who the office views as their political rival has absolutely no place in a free society.”
Watch the press conference in the player below.
MCAO added gang-related indictments against more than a dozen defendants, who were already facing additional charges related to an October 17 protest and others earlier in the year.
MCAO added gang-related indictments against more than a dozen defendants, who were already facing additional charges related to an October 17 protest and others earlier in the year.
During an evidentiary hearing to determine if one of the defendants should be released on bond, prosecutors and police laid out some of their evidence and claims against the group.
The street gang charges are based on the group’s common use of the phrase “all cops are bastards,” the fact they all dress in black, and carry umbrellas.
Police testified the group used the umbrellas to attack officers, conceal their activities, and further their criminal activities.
“Absolutely beyond the pale,” said Julie Gunnigle, an attorney who just lost a narrow race against County Attorney Allister Adel. “The criminal gang enhancement was never designed to be used against First Amendment protected activity.”
Backed by county prosecutors, Phoenix police have been accused of targeting specific protesters and community activists throughout the year.
In response to the press conference, Phoenix City Councilman Carlos Garcia also released a statement that called for charges to be dropped,
“It is unacceptable for governments to use the criminal legal system illegitimately to silence, intimidate, and jail First-Amendment demonstrates [sic] whose message they may disagree with,” Garcia wrote. “It’s an abuse of power. It is political persecution. It is undemocratic.”
ABC15 reached out to MCAO for comment following the press conference.
A spokesperson sent a lengthy response challenging the description of the accused as “protestors,” and said the office cannot provide details about the evidence that supports the grand jury indictment. MCAO denied the prosecutions were political.
Under the shadow of one of the office’s administrative buildings, Rev. Reginald Walton also said despite Allister Adel’s recent victory, they will continue to push for change and accountability.
“Yes, the election results have said that County Attorney Adel is the County Attorney for the next four years,” he said. “But that does not mean that voices will be silenced. That does not mean she is above critique. And that does not mean we aren’t already working on her replacement.”
FULL MCAO RESPONSE:
https://www.abc15.com/news/local-news/investigations/outrage-over-gang-charges-for-police-protesters
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