During a virtual appearance in the San Luis Obispo County Superior Court on March 3, the San Luis Obispo County District Attorney’s Office recommended a misdemeanor diversion for five of the seven local Black Lives Matter protesters charged with endangering and violating the personal liberty of nonparticipants in a protest last July.
Citing the community’s division over the case, Deputy District Attorney Delaney Henretty made the request, asking the court to consider the defendants—Marcus Montgomery, Amman Asfaw, Joshua Powell, Sam Grocott, and Jerad Hill—lack of criminal history and the “belief that their actions were done to stop racial discrimination, a worthy goal.”
“I just wanted to pause for a second amidst the storm and litigation and allegations in this case, I want to say a few things. First, these divisions and allegations are much like the divisions of late that have gripped our country. We are a nation of laws, not men,” Henretty said. “The law should apply to all people equally. It’s not our place to judge the contents of the defendants’ speech. First Amendment is precious to all of us as Americans, and it should be zealously protected. You have 200 years of jurisprudence that tells us simply that our right of free speech ends when we begin trampling on the rights of others.”
A misdemeanor diversion can be offered to a defendant over the objection of a prosecuting attorney and a judge can order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant’s charges. At the end of a diversion period, which can’t be longer than a year, if the defendant complies with all requirements the judge is required to dismiss the case against the defendant.
Curtis Briggs, co-counsel for protest leader Tianna Arata, encouraged all of the defendants to reject the offer. Henretty left Arata, who faces 13 misdemeanors, and Robert Lastra, charged with a felony for vandalizing property, out of the offer.
None of the five defendants responded to Henretty’s diversion proposal.
All the defendants asked for a court hearing to hold the District Attorney’s Office in contempt for failing to produce documents and records relating to the prosecution’s decision in charging the protesters. SLO County Superior Court Judge Michael Duffy scheduled a hearing for April 9.
The day before the court appearance, Briggs’ spoke with the Free Tianna Coalition’s Melissa Elizalde on Instagram Live to explain what’s happening with the case.
Briggs said the case is currently in limbo as the defendants wait for the SLO County District Attorney’s Office or the California Attorney General to decide who will be prosecuting the case. Despite the waiting game, Briggs said the December 2020 court order dismissing the District Attorney’s Office from the case due to bias was already a big win.
Briggs repeated the allegation that other attorneys in the case have made against SLO County District Attorney Dan Dow, saying Dow was using the case to “advance a white supremacy agenda.”
“He’s got it veiled under a conservative agenda, but it’s not the conservative agenda we’re worried about, it’s the white supremacy agenda that Dow is trying to promote. And we have the opportunity to get all of these documents approved, which will give us an opportunity to have this case dismissed on that basis,” he said. “It’s exciting from a lawyer standpoint, from a civil rights standpoint. Because we’re essentially about to expose all this racism in SLO.” Δ
This article appears in Spring Arts Annual 2021.
Judge Guerrero‘s ruling was a benefit to everyone concerned, aiming to prevent our district attorney from further embarrassing himself and saving local taxpayers tons of money as this thing drags on, inflaming egos and buffeting political ambitions. Guerrero’s ruling gave Dan Dow a graceful way to back away from this growing problem and move it along. What a shame that people don’t appreciate Judge Guerrero’s wisdom on this matter.
The defendants would be smart to take the offer. There is no question of guilt – it is on video – and a defense of “I felt really, really strongly” will not excuse stopping and imprisoning innocent motorists. An ethical lawyer will recommend it to their client. The defendant will have to decide whether they want to spend their lives with a criminal record, and the loss of job opportunities, merely to accommodate a co-defendant and her attorney who want to grandstand and publicize themselves
Google the words “protest” and “freeway” and one will discover the George Floyd & BLM protests blocked freeways throughout the United States and Europe. Hundreds of thousands of protesters from all backgrounds blocked freeways during this time, and few were detained. I do not endorse this sort of behavior, however in this particular instance nobody was physically harmed except a pedestrian protester who was rammed by an irate driver and District Attorney Dan Dow and former SLO Police Chief Deanna “El Pollo Loco” Cantrell’s white egos. The child who was a passenger with the person who rammed protester, was not harmed. California and local traffic laws state PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY ON ALL PUBLIC ROADWAYS, INCLUDING FREEWAYS. In this particular instance, the aggressive behavior of one stupid driver set off the chain of events. The driver should be charged with battery for ramming a protester with his vehicle – the video evidence which Dan “Jesus Camp” Dow tried to withhold from the public. Keep in mind the vehicle in the video had already came to a complete stop before driver decided to lunge forward with his vehicle. The driver’s intent is implied and too obvious at this point. Video evidence shows driver purposely rammed a peaceful protester, period. Dan Dow’s behavior is repugnant, and shady as f.
@ClarkD’Souza: Pedestrian right of way does not extend to using your body as a weapon to take prisoners.
Nobody in this incident kidnapped or took anyone “prisoner“. To suggest otherwise would mean that anytime anyone has a car accident that stops traffic is participating in involuntary kidnapping and imprisonment.
The protesters should not have blocked traffic but the kind of charges that the district attorney office is trying to insist upon are over the top and creating more problems for out community. Dan Dow should be working his butt off to make this problem go away and not use it to build up his political base. This is a perfect example of systemic racism in our county.
Unfortunately, racists in our county are enjoying this spectacle because it is going to spread the word throughout the nation that San Luis Obispo County is unfriendly toward people of color. There are too many people in our community that want that message to be spread loud and clear in order to keep our community as white as possible.
Church/going Dan Dow needs to understand that this is absolutely not what Jesus would do.
@rightword: Trapping someone in a location, and preventing themfrom leaving, is “taking them prisoner”. Check the dictionary. This is especially true when custody is enforced with violence, as it was against the motorist who tried to drive around the mob. Dow is not “creating more problems” for the community. He is prosecuting criminals, as is his duty. He has offered them a break and the chance to avoid a record. Creating a lawless community in which mobs are allowed to run free and a do whatever they feel like,will not create a welcoming community for people of any color.
Contrary to the exaggerations and overreaching by prosecution and racists, allowing the Tiana Arata case to be prosecuted by an outside agency will not allow mobs to run free and do whatever they feel like. A court has ruled that Dan Dow has essentially Disqualified himself and his office from prosecuting the case and that it should be handed over to others to follow through on. It was a sensible ruling that is aimed at preserving justice on all sides and keeping the peace in San Luis Obispo County. Its disappointing that Dan Dow and others do not appreciate this and want to continue to use this case to push a political agenda and personal ambitions to the detriment of our community. A lot of people would like to forget that it was an inflammatory public comment by unrepentant sheriff Ian Parkinson, who denied there was systemic racism in our county, that fueled the protest. Parkinson was in the position to walk back his comments and quell The uproar but he remained painfully silent, nearly invisible, during this entire sad episode. And San Luis Obispo County is not one bit safer because of it. Ultimately, we are left with further proof that there is most certainly systemic racism in San Luis Obispo County.
Dan Dow is laying the groundwork for subsequent racially charged public demonstrations in our community, from both ends of the political spectrum. I’m imagining some operatives or Colab did some voting block calculations and figured it would help solidify and energize his political base, and help Parkinson as well, to keep hammering on this issue, at least until the next election. I’m sure it’s reassuring to them to know that he will not have to pay the ensuing legal fees and insurance deductibles. It is sure to keep the Dow name bubbling in the media and pews as a bonified crusader for all that is right, white and uptight.
But the District Attorney’s Office is also playing into the hands of the defense attorneys. So far I think it’s a losing legal strategy on the part of the San Luis Obispo County District Attorney’s Office and it’s going to end up giving the city of San Luis Obispo a blackeye and a very long invoice.
To help heal the divisions animosity and racism, both private and systemic, what we could use right now is a Prince of Peace who will calm the waters and with true love and listen and appreciate the concerns of all those who sincerely want to end racial injustice in our community and beyond. This is a perfect time to create a Kumbaya moment and step up to the challenge and be a better community because of it. Jesus taught the world about love. But who in our community is going to set that kind of example? Who can turn this thing around? We would not be discussing this issue if there was not already an infection that needs to be healed, an infection that was there long before anyone blocked the freeway. and murdered George Floyd. Its doing no one any good to try to paper over that fact. It is totally reasonable to expect that people of color were all assaulted when George Floyd was murdered. It is absolutely like war to them. Many have and are suffering trauma and post traumatic stress syndrome because of it. This case is giving our community a blessed opportunity to step up and make ourselves a better community than we ever have been. Yes, make no mistake or jokes about it, this is the exact right time for a Kumbaya moment in San Luis Obispo. I think its safe to say that both Dan Dow and Tiana Arata could use a lot of love right now, as do so many of us. Lets imagine how we can settle differences and bring them together in the spirit of love and peace. Let the healing begin!
The job of a District Attorney is not to placate and sooth a hysterical mob, but to prosecute criminals. We live in a government of law, not in a “mobocracy” in which any agitated throng is entitled to force its will upon the rest of society by threat of violence. I am confident that any outbreak of lawlessness will be met by the appropriate response from law enforcement. That’s their job. Are the potential rioters willing to throw away their futures in pursuing some youthful but fleeting dream of being a revolutionary? There are plenty of more serious people who will be happy to take those lost jobs, and the rioters will find that their co-workers at McDonalds soon weary of hearing the tales of their glorious exploits as a revolutionary. Arata and her co-defendants broke the law, and victimized innocent people, and will have to answer for their acts.
Since you balance your promise of a “kumbaya moment” with the threat of violence if the demands to drop charges aren’t obeyed, let me ask you a question: Should the results of the election have been vacated in order to satisfy the demands of the Capitol Hill rioters, and make peace with Trump and his supporters?
Unfortunately Dan Dows handling of this case is assuring that no matter what happens to Tiana Arata, San Luis Obispo loses. The combined efforts of Sheriff Ian Parkinson, former SLO police chief Deanna Cantrell, and Dan Dow have turned what couldve been a simple case and a grand opportunity to address racial injustice in a healthy manner into a nation-wide attention grabbing lose/lose situation for our community.
Somebody more wise needs to step in and convince the powers that be that they have been approaching this in a foolish, unsophisticated manner.
Somebody needs to school these folks that this is the 21st-century and not the 1950s. Tiana Arata understands this a lot better than Dan Dow does, thats for sure. That doesnt mean there isnt a chance for Dan Dow to turn this thing around, but until then Tiana Arata has the upper hand and thanks to Dan Dow her stature expands whether she ends up in jail or not.
Judge Matthew Guerrero wisely and prudently tried to give Dan Dow and our community an easy way out, but apparently egos and political ambitions have plugged that safety valve. .
Dan Dow is elevating Tiana Arata into a national celebrity and portraying San Luis Obispo as a community that doesnt take kindly to strong voiced, charismatic black women.
It doesnt have to be this way. Hundreds of people, mostly Caucasian, participated in that freeway demonstration but law enforcement continues to fixate on a single outspoken young black woman because, in the words of the district attorneys office, she is a leader. In a time like this, is that really the best our district Attorney can come up with? Do we really want to see this clash of egos play out on national TV? At a time when some significant ,large socially-conscious businesses are considering relocating or expanding operations and employment opportunities in our county A community that is going to earn a reputation across the nation as not taking kindly to strong women of color? Is that the message we want spread from coast to coast? I think perhaps that is a message that some people want to spread. For those people, Dan Dows approach may be comforting. But for others, not so much.
FYI, John Donegen. The answer to your question is “no”. As far as I know neither Tianna Arata nor Dan Dow played any part in the insurrection at the nation’s Capitol. The racial justice protest in San Luis Obispo County had no direct connection whatsoever with the deadly, unprecedented anti-democracy attack on the Capitol. Meandering, irrelevant “what-about-ism” is not going to do anything to help solve our local problem. Your comment is exactly the kind of insincere distraction our community does not need at the moment. It solves nothing and points people in the wrong direction.
It is completely relevant. Your position of “leftist mobs must be accommodated and obeyed, while rightist mobs should punished and their demands ignored” comes down to a simple “yea for my side, phooey on your side”.. The law should not be used as a partisan weapon.
John Donegan, Your comments are grossly misleading. I never stated anything like what you have quoted. And I guess that’s why you had to make up the words and put misleading quotation marks around them. What you wrote is total bullshit. Sorry, but it’s pretty obvious. How about we focus on the here and now instead of trying to conjure back the Trump years and get people to start arguing about things 3000 miles away instead of the important things that are at our feet in our own community? If you are sincere, go back and read what I’ve written and try to grasp what I’m getting at, because it’s nothing like what you are characterizing it as.
I prefer to focus on the here and now and healing the situation directly affecting our local community. In my experience “whatabout-ism” rarely settles anything.
The choke hold on victims rights is my concern. Being an elderly women in that county who was attacked from behind which resulted in no arrest, even when the predator has a history of attacking women in the past. Dan Dows was to busy trying to figure out how he could fry these protestors, that demand justice for all not the chosen few. Dan Dows was so eager to focus on taking this case to trial he let 2 high profile cases slip through the cracks and released the cop rapist. The Oceano Dunes alleged shooter, I don’t believe he had enough evidence from the beginning yet he keep him in jail for a long time and the allege cop rapist from north county was able to walk. Dan Dows should have never been re-elected into office. He has done a disservice to Crime Victims and is discriminatory towards them. His take is that he is the Judge and Jury and the community better not question him. That blown up ego has finally been put on The Chopping Block. Back to my case that Predator will probably attack again and again while Dan Dows will look the other way. This DA has a big problem with strong women, he likes the ones that keep their mouth shut. Listen up, it’s a new day DDS.
Your suggestions do nothing to benefit SLO. Just look at Seattle and Portland to see where the craven pandering to the mob leads. Or to Minneapolis, where they pandered to the “defund the police” demands, and now find themselves walking back their policies in response to the predictable explosion in crime. The progressive politics of Chicago and their appalling murder rate, speak for themselves. The most fundamental role of government is the duty to ensure the physical security of its citizens, not acting as a soothing and empathetic institutional “Oprah” to make the restless young feel better. The vast majority of SLO county support Dow and Parkinson, and would have been appalled if they had apologized for their opinions merely to placate the mob.
More absurd whatabout-ism. Abiding by Judge Guerreros ruling will not turn San Luis Obispo into Portland or Seattle. Judge Guerreros ruling is wise, legally sound, and of benefit to our community. I see no good reason to appeal it. For what purpose does Dan Dow insist on being in charge of this case despite his well-documented conflicts and missteps? Why cant he let it go and pass it along to a prosecutorial team that is not tainted? What is he trying to prove and to who is he trying to prove it to?
As far as sheriff Parkinsons public insistence that there is no systemic racism in San Luis Obispo County, there are plenty of people who dont consider that an opinion, they consider it a shameful lie and cover up. But if he wants to walk back the comment and claim he simply misspoke, Im sure most people will wink and let him slide with that. Again, we must ask ourselves, why would he make such an inflammatory statement denying racism? Who is that supposed to help or placate? And what gives him the qualifications to draw that conclusion? What makes him or Dan Dow experts on systemic racism in San Luis Obispo County? Maybe they should spend a few moments listening to people who experience systemic racism. Wouldnt that be a reasonable thing to do at a time like this, especially after we have so much recent evidence of law-enforcement officers murdering black men and women throughout our nation. So we end up with two wealthy white politicians telling the world there is no systemic racism in San Luis Obispo County, and then we have men and women of color telling us there is.
Questiom: What are the specific local law enforcement practices and procedures which constitute “systemic racism”? Be specific. No leftist jargon or rhetoric, but specifics.
That’s a good question and something that’s worth studying. I agree that the time is right to ask that question. I would suggest including Sheriff Parkinson and Tianna Arata as part of an ad hoc committee to research and report on the issue.
Since you claim that it exists, it shouldn’t require any research. You should be able to list the specifics readily.
Nope. I don’t claim to be an expert on exactly where and how systemic racism exists in our community. Before making any specific public accusations aimed at individuals or institutions, I would defer to facts and anecdotal information provided by men and woman of color in our community. Your opinions and my opinion, which you once again mischaracterize, aren’t worth a whole lot in this discussion. What we could use is an organized, systematic and honest gathering of facts. I would hope you would support efforts to bring together an ad hoc committee, including the sheriff and Tianna Arata, to further research this issue and develop a public report on the matter.
In the meantime, I suggest the district attorney abide by Judge Guerrero‘s wise and legally sound ruling.
If you claim that something exists, you don’t need to be an expert to identify it.
On the contrary, a multitude of things exist whether you or I identify them or not. That, my friend, is an incontrovertible FACT of life.
Its not my job to prove anything to you. Im not your servant or slave. I dont work for you. I dont think you want to know the truth. I think you want to deny that racist attitudes exist in our community. I think your comments give aid and comfort to white supremacists. I think youre on your own with this one from here on out. Sorry.
On the contrary, a multitude of things exist whether you or I identify them or not. It is not my job to convince you of anything. Im not your servant or your slave. I think you want to deny that racist attitudes exist in our community. I think your comments give aid and comfort to white supremacists. I think youre on your own from here on out. Sorry.
So, in other words, you are unable to backup your claims with any facts, just another recitation of your narrative. If you claim that something exists, you should be able to at least identify it.