U.S.
Charges dropped against 11 anti-Netanyahu protesters arrested in DC
The Washington Post July 27, 2024
.Prosecutors have dropped charges against nearly half of the 25 people arrested in Washington on Wednesday during various protests over Israeli Prime Minister Benjamin Netanyahu’s address to Congress, according to court records and officials.
The arrests by police from three law enforcement agencies occurred at a number of points and under different circumstances on a day when thousands marched through Washington, voicing their displeasure over the prime minister’s visit and Israel’s actions in Gaza.
At times, the demonstrations grew tense - particularly outside of Union Station, where protesters clashed with police, took down and burned an American flag and spray-painted the Christopher Columbus fountain and adjacent Liberty Bell reproduction with messages like “Free Gaza,” “All zionists are bastards,” and “Hamas is Comin’.”
Police union officials said they were frustrated to see prosecutors walk away from the cases - or, in some instances, reduce the charges - and concerned that their own staffing levels did not allow them to detain as many people as they would have liked. Officials with the D.C. attorney general’s office and the D.C. U.S. attorney’s office, which handle such prosecutions, declined to comment on the matter, citing the ongoing investigation.
It is possible that some of the dropped cases could be revived, or that others could be tracked down and charged later.
Not all of those arrested were alleged to have been involved in taking down American flags or violent confrontations with police; the group also included six relatives of hostages being held in Gaza. Brianna Burch, a Capitol Police spokeswoman, said one or two of those protesters, who wore yellow shirts emblazoned with “Seal the Deal” to indicate they want Netanyahu to negotiate the return of hostages, stood up during the prime minister’s speech in “an act coordinated with other protestors who were wearing the same expressive t-shirts.”
Those protesters appeared to be in the group that had their cases dropped; there were no court records Friday reflecting their charges, though prosecutors declined to say specifically what happened after their arrests. The D.C. attorney general’s office would only confirm that it dropped 11 of the 25 cases, which had charged offenders with misdemeanor crimes including crossing police lines and disorderly conduct.
“It’s a slap in the face to law enforcement who are doing their jobs and these prosecutors throw these charges out,” said Gus Papathanasiou, chairman of the U.S. Capitol Police labor committee. “Shame on them for … giving free passes to criminals.”
Court records show 13 people are currently charged with various crimes. Eight appeared in D.C. Superior Court and five were issued criminal citations and released and ordered to appear for a future court date.
Police arrested one juvenile, a 15-year-old from Ohio who is charged with assaulting a police officer. The status of that case could not be determined because of juvenile privacy rules.
Ten people were arrested by U.S. Park Police at Columbus Circle in front of Union Station. Court records show people in that group were hit with the most serious charges over trying to take down an American flag and assaulting police officers.
But two of those police said were arrested appeared to have their cases dropped, as court records did not show any pending charges against them.
Documents filed in D.C. Superior Court revealed new allegations from Park Police about the volatile clashes in front of Union Station with members of a protest group police identified as the ANSWER Coalition, an antiwar organization that frequently organizes protests in the District and has disputed that Wednesday’s demonstrations were violent.
In arrest affidavits, Park Police officers said that around 3 p.m., they saw people climbing the Christopher Columbus statue and spray-painting pro-Hamas slogans on it. Other officers saw people spray-painting a bell. Then, police said they saw two people climb the base of a statue and flagpole, including at least two who were 10 to 15 feet off the ground “manipulating the rope and unraveling it from the pole.”
The affidavit says Sonia Krishan, 21, of Kensington, was about 15 feet up the flagpole and “pulling on the flag line.” Two Park Police officers pulled her down, the affidavit states, and handcuffed her. They said she resisted and had to be carried out of the crowd. Martine Kaplan, an attorney representing Krishan, declined to comment.
Meanwhile, police alleged in the arrest affidavit that Nathanial Lawrence, 19, was at the base of the flagpole “helping to tear down the American flag.” Police said Lawrence ran as officers approached him, and they tackled and arrested him. As they handcuffed Lawrence, police alleged, officers were “assaulted by members of the crowd who were attempting to help Lawrence escape police custody.”
In an interview Friday, Lawrence said he spent about 24 hours in jail before being released. Lawrence said he saw people in the crowd waving Palestinian flags and thought “it didn’t seem right” that the American flag was flying higher. He said those protesting on Wednesday were fighting for those suffering in Gaza while the U.S. government “just stands there and lets it happen.”
So, Lawrence said, he climbed up the flagpole and began trying to take down the flag as another protester climbed up to help him. Then, Lawrence said he saw several police officers heading toward him and ran.
“I’d do it again in a heartbeat,” he said.
A third person at the flagpole, Roger Miller, 43, of Baltimore, was also arrested, and police alleged demonstrators sought to interfere with officers taking him into custody. Mark Goldstone, an attorney representing him, declined to comment.
Park Police initially charged Krishan, Lawrence and Miller with several criminal counts including defacing public property, fighting and disorderly conduct. But prosecutors with the U.S. attorney’s office for D.C. filed a single charge against each of the three: attempted theft, alleging they attempted to wrongfully obtain and use property belonging to the U.S. government: the American flag. They were not alleged to have been involved in the flag burning, which occurred after their arrests.
Following those arrests, the Park Police said, “multiple protesters refused our commands to back up,” and officers moved to the northeast side of the park while the crowd followed.
Police said Essa Elies Ejelat, 33, of Yonkers, N.Y., pointed at an officer with his right hand and threatened him. He was arrested and charged with threatening to do bodily harm to a police officer. His attorney declined to comment Friday.
About 3:45 p.m., in a separate part of the Columbus Circle park, police said they arrested three people carrying weapons, including bats, batons, shields and a dart gun typically used for hunting. Frederick Coates, 25, of Bowie, Momamome Crow, 23, of D.C. and Antonio Somerville, 23, of Bowie, were each charged with one count of carrying concealed weapons. Coates and his attorney could not be immediately reached for comment. An attorney representing Momamome declined to comment.
Park Police also arrested Zachary Kam, 34, of Chicago, charging him with two counts of assaulting police officers. Police allege he pulled on the back of two officers’ protective vests, forcing them to the ground and injuring one. Reached on Friday, Kam’s wife declined to comment and said Kam was unavailable.
Kenneth Spencer, chairman of the U.S. Park Police Fraternal Order of Police, said the officers “did everything they could” to protect property, but had only 29 officers available, with additional help from the Interior Department.
“A small unit of 29 officers arrested 10 individuals while being assaulted by a mob of thousands,” Spencer said in a statement. “We simply did not have the staffing or resources to accomplish a mass arrest operation.”
It is not uncommon for prosecutors to initially decline to press charges against individuals arrested during protests, especially those that turn violent, said Rizwan Qureshi, former assistant U.S. attorney for the District.
“Police on the street are making a decision that is in a much shorter defined period of time and make a decision quickly, especially when dealing with riotous behavior in order to get some order quickly,” Qureshi said. “But when prosecutors bring cases, they have an obligation to look at the evidence individually and determine if they can present these facts and prove beyond a reasonable doubt the offense here.”
But Qureshi - who was involved in prosecuting those arrested amid violent demonstrations during President Donald Trump’s inauguration, a case that ended with a large number of dismissals - added that prosecutors could refile cases if more evidence emerges.
The demonstrations in the D.C. area have continued after Netanyahu’s speech. On Friday, Virginia Department of Transportation officials cleared a months-long pro-Palestinian demonstration outside the Arlington home of Secretary of State Antony Blinken. A small group of protesters calling for a cease-fire in Gaza had camped outside his house - erecting tents, chanting and waving flags since the winter.
Ellen Kamilakis, a spokeswoman for VDOT, said officials had determined that “the present condition” of the road, including “people, as well as concrete barriers, tents, flags, and other items occupying VDOT’s right-of-way - is unsafe for motorists, bikers, and pedestrians and blocks access to emergency vehicles and personnel.”
Two demonstrators present at the site left voluntarily after being asked to do so by Virginia State Police officers also present at the removal, officials said