Easton Smith: Why are Salt Lake prosecutors declaring protestors a criminal gang?

In Buffalo, N.Y., the police shoved a 75-year-old man to the ground, putting him in critical condition, for the apparent crime of protesting police brutality. In New York City, police officers rammed an SUV into a crowd of demonstrators.

Now, in Salt Lake City, another group of anti-police-brutality activists are facing a disproportionate response from the authorities.

I am talking about the case of seven young people, ages 18-28, who could spend decades, if not life, behind bars for the petty crime of destroying some city property.

Many people who were present at the George Floyd demonstration on May 30, saw a police car that had been flipped and lit on fire. Such images were commonplace in cities across the country, becoming a symbol of the nationwide rebellion against police violence. It was for some a sign of legitimate outrage. For others, it was an unfortunate example of property damage. But for city and state authorities it was, apparently, an unprecedented threat.

For days after that fateful Saturday, I watched as a veritable army of machine-gun toting National Guard soldiers and decked-out police officers took over the streets, forming a quasi-military base just blocks from my house (on 800 East, between 400 South and 500 South). A military helicopter patrolled the city every evening like it was occupied territory.

And, now that police and prosecutors have identified suspects in the toppling of the vehicle, they want to further solidify their iron grip on the city’s people by charging them with a host of first degree felonies, such a rioting, criminal mischief, and arson.

To put the severity of these charges into perspective, other first degree felonies include: murder, rape and kidnapping.

One man, La’Troi Newbins, has been charged with one count of arson and now faces 20 years in prison along with a $250,000 fine. His crime? Allegedly, he fanned the flames of the already burning vehicle with a piece of cardboard. Does such an act feel on par with murder and kidnapping to you?

While the charges that these young people are facing are absurd enough on their own, prosecutors have decided to add to them a draconian “gang enhancement.” This enhancement means that the prosecutors think these protestors were part of a “criminal street gang.” These enhancements add severe, and often mandatory, punishments if the defendants are found guilty.

These outrageous charges set a dangerous precedent in our city and align with a broader effort to criminalize dissent, especially the dissent of people of color, in this country. While the president is trying to declare Antifa (which is just short for “anti-fascist”) a “terrorist organization,” prosecutors in Salt Lake City are declaring protests as criminal gang activity.

We can, and should, have discussions about the effectiveness and legitimacy of different forms of protest. But first we should unite as a city to say that enough is enough. Protests against police brutality should not lead to more brutality, calls for reform should not lead to more repression.

Maybe these young people acted rashly in the heat of the moment, but no one was hurt. We can build more cop cars (though maybe we shouldn’t), but these passionate people will only have one life, and they shouldn’t live it behind bars.

Contact the mayor, the city council and the district attorney’s office to demand that District Attorney Sim Gill live up to his own words that “the way that the criminal justice system is applied, needs to be looked at in a reform” and drop all criminal charges against these six individuals.

Easton Smith is a writer and community organizer in Salt Lake City.