‘They’ve been lying from day one’: State attorney plans to drop charges against ‘Tampa 5’ protestors, after diversion program

A group of Tampa protesters, who were arrested in March at the University of South Florida during a rally against the state’s “Stop Woke Act,” are no longer facing felony charges.

This morning, the District 13 Office of State Attorney Suzy Lopez announced that has reached an agreement to drop multiple felony and misdemeanor charges against four USF students and a campus worker, who were colloquially referred to as the “Tampa 5.”

The group includes Gia Davila, Chrisley Caprio, Lauren Pineiro, Jeanie Kida, and Lauren Rodriguez.

The “Tampa 5” has agreed to a “misdemeanor intervention program that will lead to the dismissal of their charges upon the fulfillment of various conditions such as 24 hours of community service,” according to a press release from Students for a Democratic Society.

Outside the George E. Edgecomb Courthouse in Tampa this morning. Davila, 22, told Creative Loafing Tampa Bay that the group learned of the development two days ago.

“It’s been such a huge relief to know how supported we are by students across the country, and to know that our fate is not going to be in the hands of jurors. We’re not going to have to sit in front of these cops for a week straight, while they tell lies about us,” Davila added.

The initial charges stemmed from a March 6 incident, where students at a “Mobilize to Save Diversity” rally were calling for a meeting with USF President Rhea Law about expanding Black student enrollment and diversity programs— issues under threat from the recently signed “Stop Woke Act.”

Some of the students were charged with disrupting a school or campus function and resisting an officer without violence—both misdemeanors. Three protesters—Carpio, Kida and Rodriguez—faced two felony charges of battery on a law enforcement officer, while Dabila and Pineiro each faced one count of battery on a law enforcement officer.

A press release from Lopez’s office says, “Five individuals involved in a University of South Florida protest have accepted responsibility for their actions in March 2023.”

“This resolution brings closure to all parties, ensuring the defendants are held accountable for their actions,” added Lopez, who was appointed by Gov. Ron DeSantis to lead SAO13 after he suspended Andrew Warren. “University campuses are bastions for free speech and learning, but the moment someone puts their hands on a law enforcement officer, a line is crossed, and consequences must follow.”

Multiple videos dispute Lopez’s claims that students assaulted police officers.

Carpio, a campus worker who was among those arrested and charged by the state, called the state attorney’s claim that they’ve accepted responsibility a lie.

“Not only are we not pleading guilty, we’re not doing a no contest plea, the charges are being dismissed. We just have to meet these terms for a year to do a misdemeanor intervention program,” Carpio told CL.

Erin Maloney, Communications Director for SAO13 told CL that “accepting responsibility,” means the charges could be dropped against the Tampa 5, “if they successfully complete,” the diversion program and on the condition of accepting responsibility.

“We never said we were guilty of anything, except doing the right thing, which we’re proud to say students are doing all over the country. They’ve been lying from day one. They’re gonna continue to lie to demonize protesters,” Davila said. “But the fact of the matter is, they’re on the wrong side of things. The majority of people in Tampa know that, the majority of students know that, and they’re going to learn that lesson one day.”

Michelle Lambo, attorney for the Tampa 5, told CL that her client is correct.

“What they did was accept a program because doing that was in their best interest and it guarantees that they are at home at night sleeping in their own beds, and they are not risking any jail or any prison,” she added.

Lambo previously represented Tampa protestor Jamie Bullock who faced felony battery on a law enforcement officer before the office of State Attorney Andrew Warren dropped the charges and said “law enforcement needs to be educated on what the First Amendment covers and how important it is to the founding of our country.”

“They need to get educated on protesting, the right to assemble, the right to free speech, and they need to be educated on what the fuck ‘peaceful’ means. ‘Peaceful’ does not always mean quiet—it means non violent,” Lambo told CL. “And guess what? Throwing tea overboard was considered non violent, and I’m sure it’s still to this day considered non violent, and agencies need to get educated.”

Davila says that pressure from student groups and elected officials from around the country led to the charges getting dropped. Elected officials including State Representatives Angie Nixon and Anna Eskamani, plus Congressman Maxwell Frost, and Hillsborough County Commissioner Pat Kemp have all expressed support for the group.

“This is a win for the student movement,” Davila added.

This is a developing post.

UPDATED 12/05/23 4:33 p.m. Updated because SAO13 took objection with the notion that the charges against the Tampa 5 were dropped. And to make clear that Lambo said, ‘”Peaceful’ does not always mean quiet—it means non violent.”

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This article appears in Nov 30 – Dec 6, 2023.