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Indybay Feature
Sat Jun 9 2012 (Updated 06/24/13)
Charges Dismissed Against September 8th BART Arrestees
Sat Jun 9 2012 (Updated 06/24/13)
Arrestees Including Indybay Reporter Have Charges Dropped from SF BART Station Mass Arrest
On September 8th, 2011, BART police mass arrested close to thirty people, including Indybay reporter Dave Id, inside the Powell Street BART station during a protest against BART police. Protesters and journalists alike were handcuffed for hours and charged with violating California Penal Code Section 369i, which forbids that anyone "interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or trains," even though those arrested were doing no such thing. Nearly nine months later, on June 4th, the case was finally heard in open court. Due to the strength of the demurrer, or motion for dismissal, made by Bryndis Tobin of the National Lawyers Guild, the District Attorney's office submitted to the demurrer and didn't contest any of the defense arguments. San Francisco County Superior Court Judge Gail Dekreon thereby dismissed charges against all of the defendants whom the NLG represented in the case.

The National Lawyers Guild only represented fourteen of the arrestees in court on June 4th, all of whom were cited and released at 850 Bryant on September 8th. Four others who were booked into the SF County jail for up to seven hours had their 369i charges dropped within two weeks of the September 8th demonstration. As for the other ten or more arrestees also cited and released, it is unknown if they sought independent counsel, paid a fine for the infraction, had their charges likewise dismissed, or if their charges remain pending.

pdfRead More | NLG website

Previous Related Indybay Features: Society of Professional Journalists Committee Scolds BART for Actions at Sept. 8th Protest | No Justice No BART and Allies Call for "Spare the Fare" Protest in Powell Street BART | BART Pulls Plug on Cell Phone Antennas to Silence Potential Protest | Justice for Charles Hill BART Action Shuts Three Stations in San Francisco | Indybay Coverage of the Justice for Oscar Grant Movement
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