Will Bay Area arrests during protests of George Floyd killing lead to prosecutions?
OAKLAND - Hundreds of people have been arrested or cited around the Bay Area in the upheaval following the police killing of George Floyd last month in Minnesota.
But as police begin submitting the cases to district attorneys’ offices, prosecutors will have to decide whether to move forward on the charges.
Legal experts say many of the cases probably won’t end up seeing the inside of a courtroom.
“The difficulty with these mass protest arrests is that they’re easy to make, but they’re very difficult to prosecute in court because of the level of proof that’s required,” said Steven Clark, a former Santa Clara County prosecutor and legal expert.
Due to the chaotic nature of protests, collecting evidence is challenging and witnesses are difficult to track down. Law enforcement officers are often preoccupied with getting people off the street rather than building an airtight case.
SAN FRANCISCO, CA.- JUNE 1: A man is taken into custody by San Francisco police after a curfew dispersal order was given at City Hall, Monday, June 1, 2020, the fourth day of Bay Area protests over the killing of George Floyd in Minneapolis police cu (Getty Images)
Prosecutors must also consider whether filing a case is worth it or if it will just fan the flames of unrest.
“You want to create a situation where you’re sympathetic with people’s right to protest,” Clark said.
Pier 5 Law Officer in San Francisco – headed by legendary civil rights attorney Tony Serra – will represent anyone arrested during the protests for free.
“We’re offering to represent these people pro bono because we believe in this cause that strongly. This is a revolution and we want to be right there with them,” said defense attorney Tyler Smith. “We’re not expecting the DAs to just throw in the towel and dismiss the cases but our plan is to force them to.”
Some district attorneys have already signaled they won’t be charging some cases.
The Santa Clara County District Attorney’s Office said that its philosophy when reviewing cases is that dissent is American, but looting, vandalism and physical violence is criminal.
San Francisco District Attorney Chesa Boudin said he stands “in support of peaceful protesters who are expressing their anger and grief over repeated incidents of police brutality and violence against the black community in recent weeks.”
He said he will not prosecute peaceful protesters, but will review cases from “people not associated with the protests who are taking advantage of the moment and committing crimes like commercial burglary or vandalism.”
The coronavirus pandemic adds another wrinkle in the already complicated situation. Prosecutors will also have to weigh whether bringing charges is worth potentially spreading the virus.
“If their background or the underlying offense doesn’t suggest they’re a continuing risk to public safety it’s very likely those prosecutions will be delayed,” said Max Szabo, a Bay Area attorney and former prosecutor in the San Francisco district attorney’s office.
Evan Sernoffsky is an investigative reporter for KTVU. Email Evan at evan.sernoffsky@foxtv.com and follow him on Twitter @EvanSernoffsky