Home Forums Hunting & Shooting Hunter's Campfire Utah Black Lives Matter protesters face charges with potential life sentence

https://www.oregonlive.com/crime/20...harges-with-potential-life-sentence.html

SALT LAKE CITY — Some Black Lives Matter protesters in Salt Lake City could face up to life in prison if they’re convicted of splashing red paint and smashing windows during a protest, a potential punishment that stands out among demonstrators arrested around the country and one that critics say doesn’t fit the alleged crime.


The felony criminal mischief charges are more serious because they carry a gang enhancement penalty. Prosecutors said Wednesday that’s justified because the protesters worked together to cause thousands of dollars in damage, but watchdogs called the use of the 1990s-era law troubling, especially in the context of criminal justice reform and minority communities.

“This is so far beyond just the enforcement of the law, it feels retaliatory,” said Madalena McNeil, who is facing a potential life sentence over felony criminal mischief and riot charges. Charging documents say she bought red paint at a Home Depot before the July 9 demonstration sparked by a fatal police shooting ruling. She later yelled at and shifted her weight as if to slam into police during the demonstration, charges state. “It’s really frustrating and scary ... I just feel so much concern for what this means for the right to protest in general.”

The charges have Democratic leaders at odds in Salt Lake City, the liberal-leaning capital of conservative Utah, with the top county prosecutor arguing vandalism crossed a line and the mayor calling the charges too extreme.


The potential life sentence stands out as harsh punishment even among other people facing felony charges stemming from protests around the country. In Portland, for instance, a 32-year-old man is facing up to 20 years on an arson charge alleging he broke into a building that houses the police headquarters and set an office on fire.

The Utah demonstrators are unlikely to serve prison time, said Salt Lake County District Attorney Sim Gill. Though they’d get at least five years if convicted as charged, criminal cases often end with a plea to lesser counts.

“I don’t think anyone is going to be going to prison on this,” he said. Gill is a generally reform-minded Democrat who said he has participated in Black Lives Matter protests himself and declined to charge dozens of protesters accused of curfew violations.

Still, he argued “there’s some people who want to engage in protest, but they want to be absolved of absolved of any behavior,” he said. “This is not about protest, this is about people who are engaging in criminal conduct.”

But for the American Civil Liberties Union of Utah, invoking a law aimed at street gangs in troubling, especially against demonstrators of color. “You are calling participants in a protest gang members,” said attorney Jason Groth.

And there are other side effects to criminal charges, he said. McNeil tweeted Thursday she was asked resign from her job in the nonprofit sector and all the defendants have to post $50,000 bail to get out of jail.

“This is the highest degree felony. This is usually reserved for murders and rapists,” said attorney Brent Huff, who represents co-defendant Madison Alleman.


Another defense attorney Jesse Nix, who represents protester Viviane Turman, questioned whether Gill should have filed charges involving his own office. “No one should get life in prison for putting paint on a building,” he said.

Gill countered that short staffing during the coronavirus pandemic necessitated that but others will handle the case going forward.

More than 30 people have been charged with various crimes in Salt Lake County since the national wave of protests over George Floyd’s death began in late May. Similar first-degree felony counts have also been filed against people accused of flipping and burning a police car May 30.

“We have to have some agreement of what constitutes protected First Amendment speech,” Gill said. “When you cross that threshold, should you be held accountable or not?”

--The Associated Press

BS. Trump isnt doing anything.

Utah woman accused of buying paint for protest could face life in prison

https://komonews.com/news/nation-wo...nt-for-protest-could-face-life-in-prison
SALT LAKE CITY (KUTV) — What is it like to face the possibility of life in prison for allegedly buying paint and pushing a police officer?

Madalena McNeil faces that daunting possibility after being charged with criminal mischief with a gang enhancement.

The gang enhancer ups McNeil’s alleged crime to a first-degree felony that comes with one of the harshest penalties in Utah if convicted.


“I was really shocked because I just don't think any of the allegations against me warrant life in prison,” McNeil said.

Court records claim 28-year-old McNeil was seen on surveillance video buying paint from a Home Depot and shoving a police officer during the July 9 protest.

I feel that it sends a very extreme message to anyone who's considering acting out their civil right to protest, that they are going to be met with the harshest possible charges and response,” McNeil said.

McNeil says she was served a warrant on Tuesday evening and spent the night in jail.


She says she’s not scared because she believes she didn't do anything wrong but adds, “it would be silly to look at the potential of life in prison and not be scared.”

Legal expert Kent Morgan says he has rarely seen the gang enhancement law used in his 30 years of practicing law.

Morgan says it's traditionally used when one known gang enforces superiority over another known gang.

“Any individual that is not engaged in activity that's going to repeat and endanger people, again and again, is not somebody that the gang enhancement was often used for,” Morgan said.



The term "gang" under this statute is broadly defined as committing a crime by two or more people. Morgan says that was done intentionally.

“The gang enhancement was invented to make it more difficult for people to walk away from lesser crimes," he said.

Salt Lake City Mayor Erin Mendenhall said on Wednesday:

“I feel the potential punishment facing some protesters is excessive. While I believe there should be consequences for breaking the law, the potential to spend life in prison for buying paint is too severe.”
The charges can be reduced, but that has to happen by the prosecutor.

District Attorney Sim Gill told KUTV his office has to screen charges based on evidence and follow the statutes set by the legislature.

I have not seen somebody be sent to prison for life for what is otherwise a property crime," Gill said.

Alliance for a Better Utah issued a statement about McNeil's charges saying she has been a prominent organizer through Salt Lake Valley Covid Mutual Aid, making sure that protesters have food, water, and masks. The statement read:

"In bringing exorbitant charges for low-level offenses against activists and organizers, the Salt Lake County District Attorney’s office, whether intentional or not, is sending a message to the public about the way it sees protests against police brutality. By choosing to bring disproportionate felony charges, District Attorney Sim Gill is reinforcing the narrative of an unjust, punitive criminal justice system that people have been protesting in the first place.
If Gill is serious about respecting the Black Lives Matter movement and ending police brutality, he has a responsibility to reflect that by carefully deciding how to respond to civil disobedience. These overly aggressive charges will only continue to erode the trust the public has in our law enforcement and criminal justice systems when Gill should be doing everything he can to restore that trust."
McNeil says she has retained an attorney. She wants to see a more robust discussion around how law enforcement and the criminal justice system see protesters.

It is not about protests. The charges are about felony vandalism and assault on an officer, as part of an organized near-riot. Sim Gill may be a Dem, but he follows the laws as written. He has often said, "If you don't like how the law works, change the law. Until then, it is my job to enforce what you have enacted."

F them. Hope they rot.

what a bunch of dip schidts