UPDATE: PRO Gainesville defendants found guilty after two-day trial

Aug. 25—PRO Gainesville Leaders Torrey Henderson, Amara Ridge and Justin Thompson were found guilty Wednesday of obstructing a major passageway, as part of an unauthorized August 2020 march on California Street.

The Cooke County jury sentenced each defendant to a seven-day stay in the Cooke County jail and a $2,000 fine for the misdemeanor convictions.

The conviction came after two days of jury selection and testimony in Judge John Morris's courtroom — the jury selection took most of the first day. Potential jurors were asked Tuesday by Cooke County Attorney Ed Zielinski if they had any bias toward either the state or the defendants. A few members of the pool were eliminated due to being friends of the defendants. A few admitted they would be more likely to believe police testimony over civilian testimony, but this did not eliminate them from serving on the jury and some who answered this way were chosen. After hearing an explanation of the charges, numerous members of the pool claimed they had a bias in that they already believed the defendants were guilty and would have difficulty setting aside that bias.

Torrey Henderson testified about PRO Gainesville's call for social change. While she elaborated on their mission of establishing understanding and educating people, she also admitted that she was used to pushback in Cooke County, particularly as a black woman trying to establish this change. On the stand during the sentencing phase, she said, "Doesn't change the fact that your jury doesn't look like me." All six members of the chosen jury and the selection for jury alternate appeared to be white. Prosecution's case

Cooke County Attorney Ed Zielinski's case centered around the quote, "Law is order in liberty, and without order, liberty is social chaos," originally said by American journalist Sydney J. Harris. Zielinski told the court the PRO Gainesville protestors had broken the law by leading a march that disobeyed police orders to remain on the sidewalk and cross at appropriate times and locations, contributing to social chaos.

The charges stated that the PRO Gainesville protestors obstructed California Street on three different occasions: on the Pecan Creek Bridge, while marching down the west-bound lane between the post office and the courthouse and when crossing the intersection of California and Dixon streets diagonally.

The first instance at the Pecan Creek Bridge was explained by police confirming that there is not a crosswalk on the bridge. Cynthia Idom was also called to the stand as a witness who was stopped at that location. She testified that she was stopped by a bicyclist parked sideways in the roadway and a lady with a long-rifle so that the protestors could pass by.

In cross-examination by the defense, she admitted that she did not recognize either of the people that stopped her, blaming the fact that they were wearing masks. She also did not recognize any of the defendants.

Sgt. Jack Jones of Gainesville police led the department's security detail for the march. While during the march he was stationary at the courthouse, he was asked to analyze and explain footage that was posted to YouTube by one of the protestors.

The video showed Investigator Shane Greer, at the time a patrolman, accompanying the march and telling protestors to get back onto the sidewalk. The footage also showed other members of PRO Gainesville encouraging people to stay on the sidewalk to little success. In the footage, there was also a lady with a rifle.

Justin Thompson later said on the stand that he had believed the police team's orders to get on the sidewalk to be in reference to a bicyclist that had been going eastbound in the westbound lane. When Greer and other officers repeated the sentiment, he got on his bullhorn and told people to get onto the sidewalk while he himself returned to the sidewalk, not returning until he saw police ahead of the crowd diverting traffic and believing that to mean the group had gained permission to be in the street.

At one point in the video, the cameraman could be heard saying, "[The police] are telling us to get out of the road and we're not listening. I like it."

While the footage was paused showing the scene at the courthouse, Sgt. Jones explained that police were at the courthouse due to the protest. Both PRO Gainesville and counter-protesters had filed permits with the police to protest at the courthouse. Police had been asked to attend these protests before and had developed areas where PRO Gainesville protestors gathered on the west side of Dixon Street, on the side of the courthouse, and the counter-protestors were on the east side of Dixon Street. Police were down the middle to, as Jones put it, "Keep the peace and provide safety for all parties involved."

Jones also said that permits had been approved for a protest, but no permit was granted for a march.

The prosecution's case also emphasized that PRO Gainesville was aware of the procedure to get a permit to march and had gone through the process before. The defense stated that they began not going through that process due to feelings of being unfairly denied permits they requested, feelings that the police were not adequately protecting them and concerns over permits becoming public record and encouraging further counter-protests.

Defense's case

Dallas attorney Alison Grinter's defense relied on First Amendment protections and the right to protest. She said she believed the legal system was trying to make a point by having the charge be an obstruction of traffic on a major passageway, when if the charge had been on any other street in the area the charge would have been a ticket for jaywalking at most.

The defense called Simone Carter, a reporter for the Dallas Observer, to testify about an article she wrote about the protests and rising concerns from PRO Gainesville leaders that they were receiving violent threats from counter-protestors. She said she spoke with Gainesville Police Chief Kevin Phillips about the threats of violence and said he did not appear to believe that the counter-protestors were terrorists. She also said she spoke with Henderson, who expected the counter-protestors to respond in a big way and she was scared.

Grinter also called Gainesville community member Ron Underwood to the stand to testify about his experience as part of the march. He said he had become accustomed to counter-protestors in the community. He also spoke as a long-time gun owner, saying he saw counter-protestors mishandling their weapons and at one point heard an accidental discharge. When prosecution asked if he made a report of the discharge to the police, Underwood said there were police all around at the protest.

Both Underwood and Thompson explained how there was great confusion with the march as they were much more aware of police directing traffic, seemingly accompanying the march and appearing to act in aid of the protestors. This led them and others to believe the march had the permission of the police. Zielinski objected, saying the police had testified previously that this had not been their intent and they were purely trying to keep people safe, despite this discussion in court not having any bearing on what witnesses believed at the time of the march.

In Grinter's closing statement, she emphasized that the world was in a different climate in 2020, and by handing down a Not Guilty verdict, the jury could send a message that Cooke County was done with the hard feelings and show that this was an overreach of resources.

After jury vote

Prior to sentencing, Grinter asked the defendants to testify to allow the jury to get to know them better, not as defendants, but as community leaders who had grown up in Gainesville and wanted to see Cooke County continue to grow and improve.

"I think the prosecutor is madder than I am," said Henderson on the stand about the trial. "There's been a lot of support from everywhere but here."

Henderson is a single mother of two sons who graduated from Gainesville High School in 2011. She is a social worker in Denton and helped found PRO Gainesville to spread a message of understanding and to educate people on our history. She admitted, that in her perspective, "Our community tends to turn a blind eye to social injustice," and that she is used to pushback in Cooke County.

She also testified that her whole experience with the Gainesville police made her feel unsafe and as though they are untrustworthy. "If I am in crisis in Cooke County, I will not call the police department."

Ridge is also a graduate of Gainesville High School who is now 25 years old. She runs a hair salon and has a baby who will turn one year old next month. She said she joined PRO Gainesville to try to make a change in the community for the better. "There's too many people hurting over the same thing, the same cause." She described her particular frustration with the Confederate statue outside of the courthouse, making her sad as a person of color. She described it as a sign that this place of justice was not just, and that it was contradictory to Gainesville's title as "Most Patriotic Small Town in America" to have a statue saying Confederate States of America.

"When I see Gainesville in five to ten years, I see diversity; I see inclusion; I see progression."

Ridge says she feels for the people that were inconvenienced, being aware of how everyone is frustrated when they are stopped by the train.

Thompson works with people with intellectual disabilities, including autistic individuals to people with down syndrome.

Grinter's closing for the defense called for the jury to consider the full scope of punishment, saying that there was no benefit to holding the defendants in prison except to cost taxpayers money.

Wednesday, Aug. 24, 7 p.m.

A Cooke County jury has found PRO Gainesville leaders Torrey Henderson, Amara Ridge and Justin Thompson guilty of obstructing a major passageway, rendering it impassible on August 30, 2020, as part of a protest march on California Street.

The jury also sentenced each defendant to a seven-day stay in the Cooke County Jail and a $2,000 fine.

The charge was filed on September 2, 2020 and is considered a class B misdemeanor with maximum sentencing of 180 days in jail, $2,000 in fines or both.

Edmund Zielinski, the Cooke County Attorney, acted as prosecutor for the case, aided by First Assistant County Attorney Keith Orsburn.

The defendants were represented by Dallas attorney Alison Grinter.

Check www.gainesvilleregister.com Thursday for more details, as well as the print edition of the Register Friday for a full report.