Criminal trespassing charges dropped against 79 arrested in UT pro-Palestinian protest

All criminal trespassing charges against people arrested during the April 29 pro-Palestinian protest at the University of Texas will be dismissed, Travis County Attorney Delia Garza announced in a news conference Wednesday.

"We reviewed the evidence of the law and considered many factors, including the legitimate concerns of whether there were violations of constitutional rights of free speech," Garza said. "After examining and weighing all the evidence presented, we have determined that we cannot meet our legal burden to prove these 79 criminal trespass cases beyond reasonable doubt, and they will be dismissed."

The dismissal only applies to criminal trespassing cases, Garza said. Two additional charges from the April 29 protest for obstructing a highway or passageway and interfering with public duty are still pending. UT police also charged a San Marcos man who they said illegally carried a loaded gun on campus during the April 29 protest, and the Texas Department of Public Safety arrested a professor whom the agency accused of grabbing a trooper's bike and yelling expletives. The professor was then fired by UT, the American-Statesman has previously reported.

The Travis County attorney's office has the responsibility of reviewing all misdemeanor cases to determine if there is "sufficient evidence" to meet the highest legal standard. Garza said the office spent 90 hours reviewing evidence, including body camera footage and hundreds of pages of offense reports.

"We also have the responsibility to determine if pursuing any case is in the interest of justice, in the interest of public safety, and aligns with the values of this community," Garza told reporters.

In case you missed it: $5,200 for Pok-e-Jo's barbecue: A look at UT's expenses for pro-Palestinian protests

A statement from the university shared with the Statesman by UT spokesperson Mike Rosen expressed disappointment in the decision.

“We respect the law and are deeply disappointed by the County Attorney’s actions," the statement said. "The University will continue to use the law enforcement and administrative tools at our disposal to maintain safety and operational continuity for our 53,000 students who come to campus to learn, regardless of whether the criminal justice system shares this commitment."

UT's statement added that the university supports free speech, but not rule violations.

"Actions that violate laws and Institutional Rules should be met with consequences, not with political posturing and press conferences," the statement said.

Garza had promptly dismissed all 57 criminal trespassing charges stemming from a pro-Palestinian protest at UT on April 24 due to insufficient evidence and "deficiencies" in probable cause arrest affidavits, the official documents that explain the reasons for an arrest. The initial review of paperwork from the April 29 arrests found no deficiencies, Garza said in a news conference April 30.

On Wednesday, Garza recognized law enforcement's work and the frustration the officers might feel, but again critiqued UT President Jay Hartzell and Gov. Greg Abbott's calls for the police response, saying the decisions around the protest "prioritize(d) extreme government overreach over actual public safety."

"Freedom of speech — the foundation of it was so that government doesn't stop speech that it doesn't agree with," she said. "That's exactly why it's there."

More: Charges dropped against all 57 arrested in connection to UT-Austin pro-Palestinian protest

Under Texas law, police have two years to press misdemeanor charges. A University of Texas Police Department spokesperson told the Statesman earlier this month, in response to questions about a protester with a new charge, "It’s always possible that subsequent charges can be brought against a defendant as investigations evolve.”

But for protesters whose charges were dismissed, the news came as a "great sigh of relief," Hanna Barakart, an Austin resident who was arrested at the April 29 protest, said outside the news conference.

"I hope this makes a lot more people feel strongly about protecting their freedom of speech and using their voice to speak up against terrible things," Barakart said. "That's all we were there for."

Barakart described the arrests as an "extremely dehumanizing, traumatizing experience."

Sam Law, a UT graduate student who was arrested April 29, said he and other students are considering civil litigation due to their free speech concerns.

"The overreach and violence of our arrests was deeply traumatic and personally sent a clear message that our free speech rights weren't being respected," Law said.

Law added that they hope all other pending charges are dismissed, and that university officials consider this development as they pursue disciplinary proceedings against protesters for alleged rule violations the students denied in a collective letter.

More: ACLU Texas, students send letters to UT in response to disciplinary notices for protesters

What happened April 29?

The dismissal comes nearly two months after police arrested 79 people at a brief pro-Palestinian encampment on the UT South Mall, including 34 students. Protesters demanded the institution divest from weapons manufacturers contributing to Israel's bombardment of Gaza in solidarity with university protesters across the nation. The demonstration was the second one at UT in April that resulted in mass arrests.

UT System Chairman Kevin Eltife and Gov. Abbott have both said such divestment will never happen and praised the police response as necessary and effective, despite critiques that the police response was dangerous and escalatory.

More: UT Austin initiates discipline for student protesters, places hold on transcripts

Last week, the Manhattan district attorney's office dismissed most trespassing charges against protesters who occupied a university building at Columbia University. The New York Times reported that police have arrested or detained more than 3,100 pro-Palestinian protesters at college campuses since April 18.

"No one should be afraid to stand up against an ongoing genocide," Law said.

This article originally appeared on Austin American-Statesman: Criminal trespassing charges dropped against 79 arrested at UT protest