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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowMarion County Prosecutor Ryan Mears announced Monday that he has declined to file charges against 41 “non-violent” protesters who were arrested on Friday and Saturday in downtown Indianapolis.
Mears said the arrests were reviewed on a case-by-case basis. On Friday, 27 people were arrested. Another 29 were arrested Saturday.
“We will not file criminal charges against those who came downtown to stand against injustice and make their voices heard through peaceful demonstrations,” Mears said in a written statement. “For us, the unfortunate choices by a few will not dilute the critical message carried by the majority.”
Separately, allegations of people illegally entering businesses and removing items resulted in 14 individuals charged with burglary, a level 5 felony, Mears said.
A spokesman with the prosecutor’s office said no charges have been filed yet against individuals who broke windows to businesses or damaged property but did not take anything. He said several of those who face burglary charges also face charges related to property damage.
The spokesman said others could face charges for destroying property.
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Absolutely charges should be filed for vandalism and destruction of property, why is that even in doubt?
Who’s doubting? Probably reviewing video to identify and even apprehend the correct perpetrators.
Who’s doubting? Me.
To be fair, there’s reason to have some consideration of doubt. After all, this is a prosecutor who has already made it clear he has no problem picking and choosing which laws to enforce.
This doubt arises from the circumstances of the crimes, not the stupidity of inconsistent or inappropriate drug laws. Freedom of speech or assembly does not protect the protester from liability for damage to property. Violence is not a protected act nor right unless exercised in self defense or as part of a sanctioned sport. Even then there are limits. However, the police and firefighters have qualified immunity from prosecution if people or property are injured or destroyed respectively in the reasonable exercise of their duties. So a prosecutor has to weigh a qualified privilege from prosecution for cops against a perceived act of minor or major injury by a civilian in a time when racial bias may be fueling the acts of one or both groups. She doesn’t want to reward cops who abuse their powers nor unfairly punish civilians who fail to appreciate or exercise the limitations on their constitutional rights. Her prosecutorial balancing act is rarely a measure of one side of society against the other, rather she usually only has to assess the likelihood of a conviction by the facts to be proved at trial against the countervailing evidence. A rush to prosecute a citizen for imprudent action may be wholly inappropriate and pale in comparison with a silent sanctioning of horrible police actions or inactions and the acts of those who are under a duty to stop a crime even tho committed by a fellow officer. So it is prudent for a prosecutor to act cautiously or express doubt. It shows the prosecutor is a thinking person, weighing the costs of a zealous prosecution of relative innocents against the possible release of murderers allegedly employed to serve and protect our society. And all this is balanced on the head of a pin. If her performance is reported or perceived as unfair, it can ripple for years in the lives of people who are destroyed or supported by her decision.
wow, nice to know I can now destroy someone else’s property and steal and not be prosecuted because if it is fair for one it is fair for all. Can’t show precedence for one and not another.
Mayor Numbnuts wants to investigate that police followed correct procedure and why innocent protesters got tear gassed. While him and Governor Numbnuts must of hunkered down in the Governors Brown County chalet, because they were nowhere to be found. The inaction of these two “leaders” set the opening of this city back 3-5 months which was already decimated by the lack of their leadership during the C-19 pandemic. The lack of resource IMPD and the MCSD were given was hideous and I’m sure once it comes out they were told to provide minimal action. Thousands of people who were getting ready to go back to work so we can get this city and Indiana back on track are now waiting for the destruction to be repaired and many are not going to make it another 3 months. Well done gentleman, well done. Joe this would of been a good opportunity for a photo op, you arm and arm with some thug with a sledge hammer, cam of spray paint, fireworks and water bottle full of gasoline while you both chanted F 12.