Trespassing charges dropped against 79 people arrested at UT protest

All trespassing charges against those arrested during the April 29 pro-Palestinian demonstration at the University of Texas will be dropped, Travis County District Attorney Delia Garza announced at a press conference Wednesday.

“We have reviewed the evidence and considered many factors, including the legitimate concerns about whether there were violations of the constitutional right to free speech,” Garza said. “After reviewing and weighing all of the evidence presented, we have concluded that we cannot meet our legal burden to prove these 79 counts of trespass beyond a reasonable doubt, and the cases are dismissed.”

The dismissal applies only to trespassing cases, Garza said. Two other charges of blocking a street or thoroughfare and obstruction of public duty from April 29 are still pending. UT police also charged a San Marcos man who illegally carried a loaded gun on campus during the April 29 protests, and the Department of Public Safety arrested a professor who the agency accused of grabbing a police officer’s bike and yelling profanities. The professor was subsequently fired from UT, the American-Statesman previously reported.

The Travis County District Attorney’s Office is responsible for reviewing all misdemeanor cases and determining whether there is “sufficient evidence” to meet the highest legal standards. Garza said the prosecutor’s office spent 90 hours reviewing evidence, including body camera footage and hundreds of pages of criminal reports.

“We also have a responsibility to determine whether prosecuting a case is in the interest of justice, in the interest of public safety and consistent with the values of this community,” Garza told reporters.

In case you missed it:$5,200 for Pok-e-Jo’s barbecue: A look at UT’s spending on pro-Palestinian protests

In a statement from the university provided to the Statesman, UT spokesman Mike Rosen expressed his disappointment with the decision.

“We respect the law and are deeply disappointed in the District Attorney’s actions,” the statement said. “The University will continue to use the police and administrative resources at its disposal to maintain safety and operational continuity for our 53,000 students who come to campus to learn, regardless of whether the criminal justice system shares that commitment.”

The UT statement goes on to say that the university supports free expression, but not violations of rules.

“Actions that violate laws and institutional rules must be punished with consequences, not with political posturing and press conferences,” the statement said.

Garza promptly dismissed all 57 trespassing charges related to an April 24 pro-Palestinian demonstration, citing insufficient evidence and “deficiencies” in the probable cause arrest affidavits, the official documents that explain the reasons for an arrest. The initial review of the April 29 arrest records found no deficiencies, Garza said in an April 30 press conference.

On Wednesday, Garza acknowledged the work of police and the frustration they may feel, but again criticized calls by UT President Jay Hartzell and Gov. Greg Abbott for police intervention, saying the decisions surrounding the protest “prioritized extreme government overreach over actual public safety.”

“Freedom of speech – its basis was that the government should not suppress the expression of opinions with which it disagrees,” she said. “That’s exactly why it exists.”

More:Charges dropped against all 57 people arrested in connection with the pro-Palestinian protests at UT-Austin

Under Texas law, police have two years to file misdemeanor charges. A spokesperson for the University of Texas Police Department told the Statesman earlier this month, in response to questions about a protester facing new charges, “It is always possible that additional charges may be filed against a defendant as the investigation progresses.”

But for the protesters whose charges were dropped, the news was a “huge sigh of relief,” said Hanna Barakart, an Austin resident who was arrested during the April 29 protest, outside the press conference.

“I hope this will lead to many more people standing up to defend their freedom of speech and using their voices to speak out against terrible things,” Barakart said. “That’s all we were here for.”

Barakart described the arrests as an “extremely dehumanizing, traumatizing experience.”

Sam Law, a UT graduate student who was arrested on April 29, said he and other students are considering a civil lawsuit because of their free speech concerns.

“The attacks and violence during our arrests were deeply traumatic and sent a clear message to me personally that our right to freedom of expression is not being respected,” Law said.

Law added that it is hoped that all other pending charges will be dropped and that the university administration will take this news into consideration when initiating disciplinary proceedings against the protesters for alleged violations of rules, which the students denied in a joint letter.

More:ACLU Texas, students send letters to UT in response to disciplinary notices for protesters

What happened on April 29th?

The dismissal came nearly two months after police arrested 79 people, including 34 students, at a surprise pro-Palestinian camp on the South Mall. The protesters called on the university to reduce its investments from weapons manufacturers that contribute to Israel’s bombing of Gaza in solidarity with university protesters across the country. The demonstration was the second at UT to result in mass arrests.

Both UT System Chairman Kevin Eltife and Governor Greg Abbott have said divestment will never happen and praised the police response as necessary and effective, despite criticism that it was dangerous and escalating.

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