Arizona Prosecutors Pretend 'ACAB' Is Gang Lingo To Hit Protesters With Felony Gang Charges
Techdirt. 2021-01-21
Summary:
This is how the law enforcement community has responded to nationwide complaints that they do their jobs poorly, violently, and abusively: by doing their jobs poorly, violently, and abusively.
The killing of George Floyd by a Minnesota police officer set off anti-police brutality protests across the nation. These protests were met with more police violence, with some of the violence singling out journalists, protesters, and legal observers. Things have since calmed down, but each new instance of police violence tends to result in another set of protests. Cops have proven they can't stop killing people or violating their rights so this cycle will continue in perpetuity.
Since it's impossible to calm the police down, it appears prosecutors and law enforcement agencies are shifting their focus into inflicting maximum pain on those exercising First Amendment rights. A truly ridiculous response to a recent protest in Arizona shows just how far the government is willing to go to stifle dissent. Maybe the ultimate goal isn't to end protests, but the end result of this Phoenix protest shows local law enforcement is willing to put their credibility on the line to punish citizens for being unhappy with the status quo.
On Oct. 17, about 20 people gathered in downtown Phoenix to march for justice for victims of police violence. The group was made up mostly of young people, including three 17-year-olds, an honors student from Arizona State University, and a Harvard student. The group marched down the streets of Phoenix chanting “Black lives matter.” Some of the protesters moved traffic cones and signs into the middle of the street. Some carried umbrellas, which protesters have used to protect themselves from tear gas and projectiles.
Eventually, police officers donning helmets and bulletproof vests closed in on the group. With a weapon drawn, an officer told them to get on the ground, which they did. Police ripped away the umbrellas. Dozens of officers surrounded the protesters, video footage shows. Police handcuffed the kneeling protesters, yanked them to their feet, and put them in the back of cruisers. Police used pepper bullets on at least one of the protesters.
This is only part of the disproportionate response. The major damage came after the arrests, when prosecutors added felony gang charges. Here's what prosecutors offered in support of these charges.
The street gang charges are based on the group’s common use of the phrase “all cops are bastards,” the fact they all dress in black, and carry umbrellas.
Police testified the group used the umbrellas to attack officers, conceal their activities, and further their criminal activities.
In essence, prosecutors are claiming "ACAB" is a gang. The acronym used by plenty of people who don't know or associate with each other is being presented as evidence of gang affiliation or activity. Depending on what specifics accompany these charges (whether its "participation" or merely "assisting"), these sentence enhancements can add up to ten years in prison to whatever else the protesters are convicted of. As The Appeal's report points out, one protester is being charged with felony aggravated assault of a police officer for allegedly digging his nails into the officer's thumb while being arrested.
And the Maricopa county prosecutor's office has continued to double-down on this brutal stupidity. It has refused to directly address the ridiculousness of pretending ACAB is a gang call sign and instead keep pointing people to its asterisk:
On Octob