Nik Rajkovic / news@whmi.com

Michigan Attorney General Dana Nessel on Thursday announced the conclusion of her department’s review of several incidents at the University of Michigan campus connected to protest activity resulting in criminal charges for 11, mostly students and alumni.

Due to the multi-jurisdictional nature of the protest activity, the Department of Attorney General offered to review any pending cases related to protest activity to ensure consistency in the law’s application across all incidents on and off campus. The offer was made to local law enforcement, county prosecutors, and university officials in the counties of Washtenaw, Ingham, Oakland and Wayne. No cases have yet been referred from Ingham, Oakland or Wayne counties. Multiple cases out of Washtenaw County were transferred to the Department of Attorney General for review with support of the county prosecutor and University President.

As part of its investigation, the Department reviewed evidence tied to over 35 participants, including:

· Body-worn camera footage from more than 30 on-scene officers,
· Police reports,
· University of Michigan Division of Public Safety and Security (DPSS) reports and dispatch calls,
· Official statement from the University President on ending the encampment,
· Communications between University officials and the local Fire Marshal,
· The Fire Marshal’s May ‘Encampment Fire & Life Safety Recommendations’,
· A DPSS dispersal order,
· UM regents’ bylaws and ordinances,
· The UM Standard Practice Guide,
· University policies on use of subject spaces including the Diag,
· UM’s published Principles on Diversity of Thought and Freedom of Expression,
· UM’s published Statement of Student Rights and Responsibilities,
· Cell phone videos and photos,
· Social media posts, and
· Surveillance footage, among other materials tied to the protests at Regents’ homes, Honors’ Convocation, graduation, art museum, and the encampment on the Diag.

Additionally, the Department of Attorney General’s Solicitor General Division reviewed all charges for First Amendment considerations.

Following its review, the Department has declined to prosecute any individuals for actions during the Honors Convocation on March 25th inside Hill Auditorium, or any individuals involved in the protest and police interactions outside the University of Michigan Museum of Art on April 22nd.

The investigation into incidents at the homes of UM Regents remains ongoing.

Today, the department is announcing criminal charges centered around activities that took place on the Diag, a large park space located in the central part of UM’s campus. The charges that have been issued are not predicated on the content or subject of protected speech.

“The right to free speech and assembly is fundamental, and my office fully supports every citizen’s right to free speech under the First Amendment,” said Nessel. “However, violent and criminal behavior, or acts that trample on another’s rights, cannot be tolerated. I hope today’s charges are a reminder to everyone who chooses to assemble, regardless of the cause, that the First Amendment does not provide a cover for illegal activity.”

In April, demonstrators established an encampment on the Diag, consisting of tents and perimeter fencing, that grew over the course of a month to an estimated 60 tents on the site. Officials from UM met with student liaisons 11 times over 20 days in April and May to discuss policy violations, safety concerns regarding permitting and egress, and the University’s intention to remove the encampment.

At the request of the University, the UM Fire Marshal visited and assessed the encampment in May, observing several specific fire and safety hazards posed by the encampment including the presence of a generator and multiple significantly overloaded electrical devices. The risk was compounded by the many densely populated tents onsite within an improvised perimeter fence of rope, metal fence posts, and chicken wire that would have inhibited any individuals’ quick escape.

In his follow-up with UM DPSS officials, the Fire Marshal wrote, “the densely placed tents with no egress pathways and the highly combustible nature of the tent materials and other furnishings have made this encampment highly susceptible for a fire to occur and inescapable for any occupants to flee in the event of a fire. If a fire were to occur within this encampment, the human casualty rate would be catastrophic.”

The Fire Marshal also, “discovered the primary fire hydrant in front of the Shapiro Library had been vandalized to the point the hydrant is no longer serviceable.”

Following a meeting with the Fire Marshal to discuss these concerns and possible remedies, those encamped refused to adopt the Fire Marshal’s recommendations to reduce the safety risks, and so the University moved to clear the Diag.
At 5:38 a.m. on May 21st, police read aloud a dispersal order, commanding all on the Diag to leave within ten minutes, then following the lapse of that approximate time period, read the order again and began to move through the encampment in a wall formation, brandishing their batons to force out the inhabitants. The officers’ path was repeatedly blocked by demonstrators placing and throwing chairs, tables, and other items within the encampment into the path of the police. Police moved from the south entrance of the encampment, beginning at 5:48 a.m., to North University by 6:15 a.m.

During the police action to clear the encampment, several demonstrators defied orders from law enforcement to vacate the camp, and physically obstructed the police and pushed against their bodies.

Two demonstrators have been charged with Trespassing, a maximum 30-day misdemeanor, for failing to vacate the encampment after ample time following clear lawful orders to do so and when the police action to clear the Diag was obviously underway. Police halted their progress repeatedly to repeat the dispersal order and allow time for students to clear the space.

Seven more have been charged with Trespassing and an additional count of Resisting or Obstructing a Police Officer, a maximum 2-year felony. While many in the camp initially refused the lawful order to vacate, or impeded the police action to some degree, criminal Resisting or Obstructing charges have been filed only against demonstrators who are alleged to have attempted to halt or push back the police by making direct contact with the officers’ bodies or physically obstruct an arrest.

"There were dozens of demonstrators in this encampment that morning who promptly obeyed the officers on the scene and dispersed,” Nessel continued.

“For those who did not, trespassing is a 30-day misdemeanor. In this case we charged only those who made an effort to impede the officers clearing the encampment. Resisting or Obstructing is a much more serious offense, and for the seven demonstrators we have charged with that felony, we allege that every one of them physically placed their hands or bodies against police who were conducting their duty to clear the hazardous encampment, or physically obstructed an arrest.

“The police must be allowed to do their jobs, to secure public safety without unnecessary risks of harm or violence, and these laws are in place to prevent such risks. All students should know, whether on- or off-campus, in a sanctioned demonstration or an unpermitted encampment, disobeying the lawful commands of law enforcement is a crime, and especially so when you use physical force to counter a police action.”

The Department has additionally charged two individuals, one an alumnus and another with no known UM affiliation, for separate incidents involving a counterprotest staged on the Diag on April 25th, during the period the encampment was in place.

In one instance, a UM alumnus is charged with Disturbing the Peace, a maximum 90-day misdemeanor, for allegedly kicking over flags belonging to demonstrators and additionally Attempted Ethnic Intimidation, a maximum 1-year misdemeanor, consistent with the student’s self-professed reason for doing so, as stated to an investigating officer. In another instance, a man allegedly took multiple flags from demonstrators, broke two, and deposited them in a nearby garbage can while traversing the Diag, for which he is charged with two counts of Malicious Destruction of Personal Property - Less than $200, a maximum 93-day misdemeanor.

“A college campus should be a place where the exploration and sharing of ideas and opinions is able to flourish, but conviction in your ideals is not an excuse for violations of the law,” Nessel continued.

“A campus should not be lawless; what is a crime anywhere else in the city remains a crime on university property. Our laws everywhere are designed to make safe communities and encourage respectful coexistence, no matter our personal disagreements or conflicting beliefs. Just as we strive for safe communities and neighborhoods, we owe it to students and parents alike to protect and encourage a safe campus environment."

The Department urges UM, and all Michigan universities, to review their policies and procedures regarding rallies and protests to ensure they are up to date and protect both freedom of speech and student safety on campus. Additionally, the Department encourages universities to consistently enforce their rules in a content-neutral way.
Charges were filed yesterday in 15th District Court in Washtenaw County.

None of the defendants have yet been arraigned in the Court.