Protesters facing felony charges from a Black Lives Matter (BLM) march on the Fourth of July last year have moved beyond the pretrial phase of their case and could head to trial next week.
On that day last year, BLM protesters marched on Dale Mabry Highway in West Tampa to protest police brutality. It was the height of the George Floyd uprising, and tensions were high between police and protesters after BLM activists had been met with aggression by police all summer long.
Video obtained by Creative Loafing Tampa Bay from that day shows that as the protesters marched peacefully down the highway carrying a “Defund the Police” banner, Tampa Police Department (TPD) bicycle officers rushed into the crowd and accosted people, which police body cam footage also confirms. Multiple people were arrested that day and faced charges ranging from misdemeanors to felonies (see video at bottom of post).
Despite the video evidence and an abundance of photos that show aggression by the police, three protesters are still facing charges. The defendants went past the pretrial portion of the proceedings this week, and may head to jury trial on Aug. 24., Michelle Lambo, defense attorney for two of the defendants, told Creative Loafing Tampa Bay.
Two of the defendants face charges that include battery on a law enforcement officer, a third degree felony charge that if prosecuted to its fullest could result in five years of prison.
“These are young, smart kids who want to make a difference in the world,” Lambo added. “Their reward for their efforts is being brutalized by law enforcement and facing charges that could land them in jail and affect the rest of their lives.”
Along with the felony charges, Lambo’s two clients are facing misdemeanor charges of obstructing a roadway. One of the clients is also facing resisting arrest without violence.
At a pretrial hearing Tuesday, the State Attorney’s Office (SAO13), which is prosecuting the defendants, offered a plea deal to reduce the felony charges to misdemeanor resisting arrest without violence.
But under this plea, both defendants would have to plead guilty to that misdemeanor, along with a misdemeanor charge of obstructing the roadway (Tampa City Code 14-41). The felony arrest could not be expunged from their records and would show up on criminal background searches, Lambo says.
Grayson Kamm, chief communications officer for SAO13 confirmed that the charges the defendants are facing are correct, but that he’s not typically able to discuss details of plea negotiations. He confirmed that the last call hearing before the trial is next Monday, Aug. 23 and that defendants have the option to accept plea offers, plead guilty, or move onto the trial at that time.
In regards to the video of the police accosting the protesters seemingly without provocation, Kamm said, “As with any pending case, we’re not able to discuss the evidence until the case is concluded.”
Marching down roadways to bring attention to racial injustice has a long history in America. The tactic was massively popularized by Martin Luther King Jr., who helped organize massive marches and boycotts in the name of civil rights.
On Wednesday, a national report by the Movement for Black Lives—in conjunction with the City University of New York School of Law —found that the federal government and law enforcement targeted BLM protesters via heavy-handed criminal prosecutions during the George Floyd uprising.
In an interview with the Associated Press, Amara Enyia, The Movement for Black Lives’ Policy Research Coordinator, weighed in on what the report means.
“We want to really show how the U.S. government has continued to persecute the Black movement by surveillance, by criminalizing protests, and by using the criminal legal system to prevent people from protesting and punishing them for being engaged in protests by attempting to curtail their First Amendment rights.”
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This article appears in Aug 26 – Sep 1, 2021.
