Charges dropped after nearly 80 arrests during protests against Israel war in Texas
“We respect the law and are deeply disappointed by the district attorney’s actions,” the university said in a statement.
Clashes between police in riot gear and pro-Palestinian protesters at UT-Austin
Pro-Palestinian protesters were met by police after setting up camp on the UT-Austin campus on Monday, April 29, 2024.
Trespassing charges have been dropped against 79 people arrested during a pro-Palestinian protest at the University of Texas in April, the local prosecutor’s office said Wednesday. The decision “disappointed” university officials but was a relief for protesters.
“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,” Travis County District Attorney Delia Garza said at a news conference.
The announcement came just a week after the Manhattan district attorney’s office dropped most trespassing charges against protesters who occupied a Columbia University building. The elite Manhattan university has been a focal point of protests against Israel’s war in Gaza, and their encampment inspired similar demonstrations on hundreds of campuses across the country. The protests died down in the first weeks of the summer break.
On April 29, police arrested 79 people, including 34 students, at a pro-Palestinian encampment on the South Mall of the University of Texas at Austin. Protesters and police engaged in a standoff in which officers used stun grenades and tear gas before handcuffing dozens of protesters with zip ties and loading them into vans.
An earlier demonstration on campus resulted in the arrest of 57 people. Garza’s office dropped all trespassing charges a few days later, citing a lack of evidence and “deficiencies” in the officers’ affidavits alleging misconduct.
The dismissals related to the April 29 protest relate only to trespassing charges, Garza said. Two other charges related to the protest for blocking a street or thoroughfare and obstruction of public duty 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 Texas Department of Public Safety arrested a professor who the agency accused of grabbing a police officer’s bike while yelling profanities. The professor was subsequently fired from UT, the American-Statesman, part of the USA TODAY Network, 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.
University management “disappointed” about dismissals
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 should be met with consequences, not political posturing and press conferences,” the statement said. Both UT System Chairman Kevin Eltife and Governor Greg Abbott have said such divestments will never happen and praised the police response as necessary and effective, despite criticism that the police response has been dangerous and escalatory.
Protesters welcome decision and may file civil suit
But for the protesters whose charges were dropped, Wednesday’s announcement was a “huge sigh of relief,” said Hanna Barakart, an Austin resident who was arrested during the April 29 protest, outside the news 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 development into account when initiating disciplinary proceedings against the protesters for alleged violations of rules, which the students denied in a joint letter.
“No one should be afraid to stand up against ongoing genocide,” Law said.
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