Utah is not playing
Utah protesters face charges with potential life sentence
Some Black Lives Matter protesters in Salt Lake City could face up to life in prison if they’re convicted of splashing red paint and smashing windows during a protest, a potential punishment that stands out among demonstrators arrested around the country and one that critics say doesn’t fit the alleged crime.
The felony criminal mischief charges are more serious because they carry a gang enhancement. Prosecutors said Wednesday that’s justified because the protesters worked together to cause thousands of dollars in damage, but watchdogs called the use of the 1990s-era law troubling, especially in the context of criminal justice reform and minority communities.
“This is so far beyond just the enforcement of the law, it feels retaliatory,†said Madalena McNeil, who is facing a potential life sentence over felony criminal mischief and riot charges. Charging documents say she bought red paint at a Home Depot before the July 9 demonstration sparked by a fatal police shooting ruling. She later yelled at and shifted her weight as if to slam into police during the demonstration, charges state. “It’s really frustrating and scary … I just feel so much concern for what this means for the right to protest in general.â€
Just like the federal bill of rights, the Utah Constitution also mentions protesting peaceably (Article 1, Section 1). These people were not protesting peaceably. They weren’t protesting, they were violent. Perhaps the charges were too much, but, let’s face it, these folks, so many who style themselves as Antifa, are involved in organized violence.
The Utah demonstrators are unlikely to serve prison time, said Salt Lake County District Attorney Sim Gill. Though they’d get at least five years if convicted as charged, criminal cases often end with a plea to lesser counts. (snip)
Still, he argued “there’s some people who want to engage in protest, but they want to be absolved of absolved of any behavior,†he said. “This is not about protest, this is about people who are engaging in criminal conduct.â€
And that’s what it is. And it does distract from the core message. Really, do people care that much anymore?
“We have to have some agreement of what constitutes protected First Amendment speech,†Gill said. “When you cross that threshold, should you be held accountable or not?â€
Once it becomes violent, 1st protections end. And throwing paint, damaging buildings, assault, and so forth are not protected. As the old saying goes “if you can’t do the time, don’t do the crime.”
Some Black Lives Matter protesters in Salt Lake City could face up to life in prison if they’re convicted of splashing red paint and smashing windows during a protest, a potential punishment that stands out among demonstrators arrested around the country and one that critics say doesn’t fit the alleged crime.
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