Democratic congressional candidate Tom Wells found guilty by jury for resisting officer

U.S. House of Representatives hopeful Tom Wells was found guilty of resisting an officer early Wednesday morning in a near 20-hour jury trial.

Wells, a Gainesville Democrat who has run for office three previous times, won't receive jail time but was convicted of a misdemeanor and is forced to pay $276 in court costs and fees.

The incident stems from a Jan. 30 event held at the University of Florida's Flavet Field during the Family Extravaganza, hosted by the UF's Hispanic Student Association.

Wells was seen handing out campaign cards and speaking to people at the student event, which was meant to remain apolitical. When asked to leave multiple times, Wells refused and was arrested as a result, according to a UF Police Department report.

Wells, 71, who pleaded not guilty during the trial, still is battling UF on a three-year trespass order. If he goes back to campus, he could be subject to arrest.

"This is a First Amendment abuse," Wells said Wednesday. "I'm absolutely in the right but that doesn't mean it comes out that way at trial."

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The case has been anything but ordinary, says Darry Lloyd, the chief investigator for the State Attorney's Office.

The trial began at 8:30 a.m. on Tuesday but didn't finish until around 3 a.m.

"That’s not normal at all, not for the charge that was laid out," Llyod said.

Tom Wells, Democratic congressional candidate for District 3.
Tom Wells, Democratic congressional candidate for District 3.

But Wells was adamant about fighting the charge.

Alachua County Circuit Judge Meshon Rawls wanted to complete the trial in one day. Instead, they did it in two, sandwiched into one period.

Wells' attorney was former Gainesville Sun reporter Ray Washington, who also has an open trespassing case after being arrested and removed from Gainesville City Hall for refusing to wear a mask during the COVID-19 pandemic.

UF event organizer said Tom Wells was 'harassing students'

An event organizer at UF said Wells was "harassing the students," though Wells argued that he only spoke and offered cards to about 100 students who seemed willing to receive them. Only two rejected him, he said.

"I began to approach people who were not engaged in animated conversation or just standing around looking for the next thing to do here, and I said 'Hey, I'm ‘Tom Wells running for U.S. Congress,'" he said.

When UFPD officers approached Wells, he refused to leave, emphasizing his First Amendment rights.

"We’re not going to sit here going back and forth with you," said Officer Brian Smith, according to body camera footage. "We've already explained to you why we’re here. You're out of bounds from us being here."

"Don’t make it harder," Officer Claudia Espinoza added. "Just walk. You already did what you did here. The event is almost over."

But Wells stood his ground.

"The present fascist regime will end the democracy in the next year," he told police during the interaction.

One of the officers told Wells he would gently touch him and escort him out. Wells tensed, according to the arrest report. He recalled the officers pushing him to the ground. They twisted one arm in a handcuff, and he gripped his canvas bag in the other, he said.

"I was standing and speaking absolutely calmly, and my body was completely relaxed," Wells said. "And I don't generally just fall down from that position."

Wells said the incident has cost his campaign dearly, even joking that he had "given up the plan of jumping off a building."

His interns have "largely deserted" him since the arrest, he said, adding that it has cost him nearly $20,000 for simply "walking across the field and talking about politics."

In his campaign, Wells advocates for terminating “fascism,” which he defines as the merging of state and corporate power.

For 30 minutes during the trial, Wells said his attorney and the prosecutor deliberated over whether they could show the jury the word “fascism.” The plea was denied.

"You cannot be a lily-livered campaigner and just do whatever the police tell you to do," Wells said. "Or you're already in a fascist society when the police can give you any illegal orders and be expected to obey and you'd be punished if you do not obey."

This article originally appeared on The Gainesville Sun: Jury finds Democratic congressional candidate Tom Wells guilty