By Matthew Holloway |
Maricopa County Attorney Rachel Mitchell has announced that her office has filed misdemeanor trespassing charges against 68 demonstrators who were arrested during a pro-Hamas protest at ASU in April. The demonstrators defied the orders of ASU police to disperse and leave the ad hoc encampment they illegally created on the alumni lawn near Old Main.
Under A.R.S. 13-1502, criminal trespassing entails “knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property.” As a Class-3 misdemeanor, the penalty, if the accused are found guilty, could be up to 30 days in the county jail with a $500 fine and up to one year of probation.
“The right to free speech does not extend to violating the law,” County Attorney Mitchell said.
“The university’s policy is clear – encampments are not permitted in this particular area on campus. The protestors – many of whom were not students – were given the chance, over and over again, to peacefully take down the encampments and leave the area. ASU, along with local law enforcement, had a responsibility to keep the area safe for students and faculty. My office is now playing the equally important role of holding these people accountable for their actions.”
Shortly after the arrests on April 26th, ASU released a statement, now seemingly confirmed by Mitchell, that the demonstrators were mostly not ASU students or faculty:
“ASU Police arrested 72 people for trespassing after they set up an unauthorized encampment Friday, in violation of university policy. Encampments are prohibited on Arizona State University property. Lawful demonstrations can take place except overnight between 11 p.m. and 5 a.m.
A group of people – most of whom were not ASU students, faculty or staff – created an encampment and demonstration that continued until well past 11 p.m. when the group was instructed repeatedly to disperse. Individuals who refused to leave after numerous warnings were arrested and charged with criminal trespass. Of the 72 arrested throughout the day Friday, 15 were ASU students; about 80 percent of those arrested were not students.“
According to later reporting from ABC15, twenty of the people arrested were later revealed to be ASU students who were subsequently suspended from the university after their arrest.
In the days following the arrest, independent journalist Kyle Becker reported that ASU fraternity members could be seen assisting campus police to tear down the demonstrators’ encampment. Speaking to Campus Reform, the students told reporters that the university was happy to have their help.
“It’s our duty to help keep our freedoms secure. Jews should not have to feel threatened to hide on campus,” they told the outlet. “When they call for “Jewish genocide” the answer was extremely clear: help the police.”
In May, charges against the 68 suspects were initially vacated due to a failure on the part of ASU police officials to refer them to the prosecutor’s office in a timely manner. The charges were eventually submitted over the next few months.
The incident resulted in ASU police chief Michael Thompson being placed on administrative leave after a series of complaints were filed against him for his actions during the demonstration. He ultimately retired.
Mitchell’s office stated that the arrests were carried out by Tempe Police, Arizona Department of Public Safety, and the Maricopa County Sheriff’s Officers, and that trial dates for the accused are pending.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
