PORTLAND, OR – Courts in Portland are proving once again that the city is not so tough on crime, despite being the epicenter of criticism when it pertains to unchecked riots.
Reports have surfaced that courts in Portland are dropping various charges against arrestees from various protests and riots.
Charges mostly included disorderly conduct, interfering with an officer, and criminal trespass https://t.co/laZZKqBl8K
— KOIN News (@KOINNews) September 22, 2020
Just recently, 16 people were set to be arraigned on numerous charges linked to protests and riots on September 24th. Well, that number has dropped to now just one person being arraigned because the 15 others had all their charges dropped against them.
Apparently most of these charges were linked to riots that transpired on July 16th within Portland, which the 15 accused were charged with acts linked to disorderly conduct, interfering with a peace officer, and criminal trespass.
While certainly not the most egregious of acts that Portland has hosted over the past several months, the existence of these acts during the protests and riots essentially enable or embolden the commission of other acts that are more heinous in nature.
One of the people to have had their charges dropped was identified as John Alger. This is despite the fact that Alger has been arrested at three of these Portland protests/riots – with his most recent arrest having happened on September 5th.
Then start PROSECUTING @DAMikeSchmidt
— Jaye Tompkins (@GetHealthybyJ) September 1, 2020
This seems to be heavily linked to the practices that were announced by the Multnomah County District Attorney’s Office announced back in August pertaining to decline to pursue prosecutions of various offenses common during riots and protests.
Back in early August, after going on around 70-some-odd days of violent protests and riots in Portland, Multnomah County District Attorney Mike Schmidt decided the best move to do was to actually stop prosecuting certain crimes committed during these riots.
BREAKING: Multnomah Co. DA announces his office will decline to prosecute certain protest-related charges https://t.co/fGqn0Cad1s pic.twitter.com/tWwUpRTGZ3
— Fox12Oregon (@fox12oregon) August 11, 2020
In a new policy announced on August 11th, DA Schmidt stated that in order to “promote a safe community” and “reduce the negative and lasting impacts” of an arrest record – people doing illegal things during the riots need to stop getting prosecuted.
According to the DA, the rationale for changing what does and does not get prosecuted is the following:
“If we leverage the full force of the criminal justice system on individuals who are peacefully protesting and demanding to be heard, we will cause irreparable harm to them individually and to our society.
“The prosecution of people exercising their rights to free speech and assembly in a non-violent manner takes away from the limited resources that we have to prosecute serious crimes and to assist crime victims.”
Well, lets examine what these “non-violent” charges would be that would no longer get prosecuted:
- Interfering with a peace officer or parole and probation officer
- Second-degree disorderly conduct
- First and second-degree criminal trespass
- Third-degree escape
- Harassment
- Riot (Unless accompanied by a charge outside of this list)
Oh, and in the event someone during a riot gets charged with resisting arrest, the DA’s office said they’ll take into consideration the “chaos of a protesting environment” when deciding whether to prosecute or not.
Now, let’s look at this first charge that DA Schmidt will no longer prosecute, that being interfering with a police officer as defined by Oregon state law.
This means that someone can prevent police from fulfilling their lawful duties and not get into any trouble…like maybe creating a barricade not allowing officers to arrest a criminal.
District Attorney Mike Schmidt is refusing to uphold the law. He’s refusing to prosecute criminal activity.
Citizens have rights, too. Since when has trespassing, rioting, damage to property, and assault been considered acts of “free speech”? https://t.co/CPVn7wLNgR
— ModSquad (@Designsage) August 11, 2020
Not only that, but this now creates a free pass for people to willingly disobey lawfully given orders. Because that also falls under ORS 162.247.
As for second-degree disorderly conduct, now people won’t get in legal trouble for blocking traffic, yelling “fire” in an apartment building, engages in “fighting or in violent, tumultuous or threatening behavior,” and many other forms of disorderly conduct.
And really? Criminal trespass in the first and second degree are now freebies too? That means when someone is lawfully told to leave a premises that they don’t own (say for instance, protesters invade your yard), no legal consequences will arise if they refuse to leave your property.
Harassment has to be one of the more absurd ones not going to be prosecuted either – because that means someone can subject “such other person to offensive physical contact,” or be allowed to berate someone in public and follow them around while doing so.
Rioting, which is a felony, will only get prosecuted if the alleged offender did something else illegal that wasn’t any of the aforementioned. Rioting is illegal for a reason, just like third-degree escape from police custody.
People have no been given the proverbial “okay” to riot in Portland and then escape from police custody and not get prosecuted.
But the madness doesn’t stop there.
So long as a rioter “only” commits a crime, whether felony or misdemeanor, during a protest that causes financial loss…they can have their cases dismissed if they pay restitution or abide by other outlines delineated by the DA’s office.
Here are the charges where people can have their criminal cases magically vanish if they abide by the court’s requests:
- Second and third-degree criminal mischief – when the value is under $1,000
- First, second and third-degree theft – when the value is under $1,000 or when the theft is committed during a riot
- Second-degree burglary if combined with any criminal mischief or theft allegation
While the police department and the DA’s office said they won’t tolerate any violence toward police officers or other people in the community, they’re practically turning a blind eye to the menacing crowds that are terrorizing residents in Portland.
Pure, unadulterated madness.
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