Attorney General announces charges against 11 people involved in spring protests at the University of Michigan

LANSING, Mich. (WLUC) – On Thursday, Michigan Attorney General Dana Nessel announced criminal charges against 11 people, most of them University of Michigan (UM) graduates and students, after her office investigated several incidents on campus related to protest activities.

Because the protests affected multiple jurisdictions, the Department of Justice offered to review all pending cases related to the protests to ensure that the law is applied consistently to all incidents on and off campus. The offer was made to local law enforcement, district attorneys, and university officials in Washtenaw, Ingham, Oakland, and Wayne counties.

No cases have been referred from Ingham, Oakland, and Wayne counties. Several cases from Washtenaw County have been referred to the Attorney General's Office for review with the assistance of the District Attorney and the University President.

As part of its investigation, the Department reviewed evidence relating to more than 35 participants, including:

• Footage from body-worn cameras of more than 30 officers on site,
• Police reports,
• The University of Michigan’s Department of Public Safety and Security (DPSS) reports and alerts residents,
• Official statement by the University President on the termination of the camp,
• Communication between university officials and the local fire safety officer,
• The “Recommendations of the Fire Protection Officer for Fire and Life Safety in Warehouses” from May,
• A DPSS order to remove soldiers,
• Statutes and regulations of the UM regents,
• The UM Standard Practice Guide,
• University guidelines for the use of departments including the Diag,
• The principles on diversity of thought and freedom of expression published by UM,
• The statement published by UM on the rights and responsibilities of students,
• Mobile phone videos and photos,
• Social media posts and
• Surveillance footage and other materials related to the protests at the Regents' Houses, the Honors School graduation ceremony, the graduation ceremony, the Art Museum, and the encampment on the Diag.

In addition, the Justice Department's Solicitor General Division reviewed all charges under the First Amendment.

Following its review, the Department has refrained from prosecuting individuals for their actions during the Honors Convocation on March 25 at Hill Auditorium or those involved in the protests and interactions with police outside the University of Michigan Museum of Art on April 22.

The investigation into the incidents in the UM Regents' houses is ongoing.

Today, the department is announcing criminal charges related to activities that took place on the Diag, a large park in the central part of the UM campus. The charges are not based on the content or subject matter of protected speech.

“The rights of free speech and assembly are fundamental, and my office fully supports every citizen's right to free speech under the First Amendment to the Constitution,” Nessel said. “However, violent and criminal behavior or actions that trample on the rights of others cannot be tolerated. I hope that today's charges serve as a reminder to anyone who chooses to assemble, regardless of the occasion, that the First Amendment provides no excuse for illegal activity.”

In April, protesters set up a camp of tents and fencing on the Diag that grew to an estimated 60 tents over the course of a month. UM officials met with student representatives 11 times over 20 days in April and May to discuss policy violations, safety concerns about permits and escape routes, and the university's intention to clear the camp.

At the request of the university, UM's fire safety officer visited and assessed the camp in May. He identified several specific fire and safety risks posed by the camp, including the presence of a generator and several pieces of electrical equipment that were significantly overloaded. The risk was further exacerbated by the fact that the site contained many densely populated tents within an improvised perimeter fence made of rope, metal posts and wire mesh that would have prevented a quick escape for individuals.

In his conversation with the UM DPSS officials, the fire safety officer wrote: “The densely erected tents with no escape routes and the highly flammable nature of the tent materials and other furnishings have made this camp very fire-prone and created an escape route for all residents in the event of a fire. If a fire were to break out in this camp, the number of casualties would be catastrophic.”

The fire marshal also noted that “the main fire hydrant in front of the Shapiro Library had been damaged to the point that it no longer functions.”

After a meeting with the Fire Safety Officer to discuss these concerns and possible remedial actions, the camp residents refused to accept the Fire Safety Officer's recommendations to reduce safety risks, so the University initiated the evacuation of the Diag.

At 5:38 a.m. on May 21, police read a dispersal order ordering everyone on the Diag to leave the camp within ten minutes. After that time period expired, they read the order again and began marching through the camp in a wall formation, brandishing their batons to force residents out. The officers' path was repeatedly blocked by protesters who placed chairs, tables, and other items in the camp and threw them into the police's path. Police began moving from the camp's south entrance to North University at 5:48 a.m., arriving at 6:15 a.m.

During the police operation to clear the camp, several protesters resisted the police's request to leave the camp, physically obstructing the police officers and pushing them against their bodies.

Two protesters were charged with trespassing, an offense punishable by a maximum of 30 days in prison, for failing to vacate the camp despite clear lawful orders, even though the police operation to clear the camp was clearly already underway. The police repeatedly stopped their advance to repeat the order to vacate and give the students time to vacate the square.

Seven others were charged with trespassing and resisting or obstructing a police officer, which carry a maximum sentence of two years. While many in the encampment initially refused lawful requests to vacate or obstructed police action to some extent, charges of resisting or obstructing have only been brought against protesters accused of attempting to delay or push back police by making direct contact with officers' bodies or physically preventing an arrest.

“There were dozens of protesters at that camp that morning who immediately complied with orders from police officers on the scene to disperse,” Nessel continued. “Those who did not do so will be subject to a 30-day misdemeanor sentence for trespassing. In this case, we have only charged those who attempted to hinder police officers from clearing the camp. Resisting or obstructing is a much more serious offense, and of the seven protesters we have charged with this crime, we allege that every one of them physically raised their hands or body against police officers who were performing their duty to clear the dangerous camp or physically hindered an arrest.

“Police must be allowed to do their jobs to ensure public safety without unnecessary risks of injury or violence, and these laws are designed to prevent such risks. All students should know that it is a crime to disobey lawful orders of police, whether on campus or off, at a permitted demonstration or at an unauthorized encampment, and this is especially true when using physical force to repel police action.”

The department has additionally charged two people, one alumnus and another with no known affiliation with UM, for separate incidents related to a counterprotester held on the Diag on April 25 during the time the camp was in existence. In one case, an alumnus was charged with disturbing the peace, a misdemeanor punishable by a maximum of 90 days, for allegedly kicking over protesters' flags, and additionally with attempted ethnic intimidation, a misdemeanor punishable by a maximum of one year, consistent with the student's self-stated reasons for doing so as given to an investigating officer. In another case, a man allegedly took several protesters' flags, broke two and threw them into a nearby trash can while crossing the Diag, for which he is charged with two counts of intentional damage to property valued at less than $200, a misdemeanor punishable by a maximum of 93 days.

“A college campus should be a place where the exploration and exchange of ideas and opinions can flourish, but conviction in one's ideals is no excuse for breaking the law,” Nessel continued. “A campus should not be lawless; what is a crime elsewhere in the city remains a crime on college campuses. Our laws everywhere are designed to create safe communities and promote respectful coexistence, regardless of our personal differences or conflicting beliefs. Just as we strive to create safe communities and neighborhoods, we owe it to students and parents alike to protect and promote a safe campus environment.”

The Department is urging UM and all universities in Michigan to review their policies and procedures regarding rallies and protests to ensure they are up to date and protect both free speech and student safety on campus. In addition, the Department is encouraging universities to consistently enforce their rules in a content-neutral manner.

Charges were filed yesterday in the 15th District Court in Washtenaw County. None of the defendants have yet been brought to trial.

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