Michigan Attorney General Dana Nessel announced today the conclusion of her department’s review of protest incidents at the University of Michigan (UM) campus, resulting in criminal charges for 11 individuals, mostly students and alumni.
The Department of Attorney General offered to review cases related to protest activity to ensure consistency in legal application across all incidents on and off-campus. This offer was extended to local law enforcement, county prosecutors, and university officials in Washtenaw, Ingham, Oakland, and Wayne counties. No cases have yet been referred from Ingham, Oakland, or Wayne counties. Multiple cases from Washtenaw County were transferred to the Department of Attorney General for review with support from the county prosecutor and University President.
The investigation reviewed evidence tied to over 35 participants. This included body-worn camera footage from more than 30 officers on scene, police reports, UM Division of Public Safety and Security (DPSS) reports and dispatch calls, an official statement from the University President on ending the encampment, communications between university officials and the local Fire Marshal, a DPSS dispersal order, UM regents’ bylaws and ordinances, UM Standard Practice Guide policies on use of subject spaces including the Diag, UM’s Principles on Diversity of Thought and Freedom of Expression document, UM’s Statement of Student Rights and Responsibilities document, cell phone videos and photos, social media posts, surveillance footage tied to protests at Regents’ homes during Honors Convocation graduation art museum events as well as the encampment on the Diag.
Additionally, all charges were reviewed by the Solicitor General Division for First Amendment considerations.
Following its review, no prosecutions will be pursued for actions during the Honors Convocation inside Hill Auditorium or for interactions outside the University of Michigan Museum of Art. The investigation into incidents at UM Regents' homes is ongoing.
Criminal charges announced today are centered around activities that took place on the Diag. These charges are not predicated on protected speech content or subject matter.
“The right to free speech and assembly is fundamental,” said Nessel. “However violent behavior cannot be tolerated... The First Amendment does not provide a cover for illegal activity.”
In April demonstrators established an encampment consisting of tents and perimeter fencing that grew over a month to approximately 60 tents. Officials met with student liaisons 11 times over 20 days in April-May discussing policy violations safety concerns regarding permitting egress intent to remove encampment.
At UM's request Fire Marshal visited assessed encampment observing fire safety hazards including presence generator overloaded electrical devices densely populated tents within improvised fence inhibiting quick escape.
Fire Marshal noted "densely placed tents with no egress pathways highly combustible materials made this encampment highly susceptible fire...human casualty rate would be catastrophic."
Fire Marshal also discovered primary hydrant vandalized making it non-serviceable.
After meeting Fire Marshal camp refused recommendations reducing safety risks so University moved clear Diag.
At 5:38 a.m., May 21st police read dispersal order commanding departure within ten minutes then read again before moving through encampment using batons forcing inhabitants out. Police path blocked by demonstrators placing throwing items blocking officers' progress who began clearing camp by 5:48 a.m., reached North University by 6:15 a.m.
During action several demonstrators defied orders obstructed police pushing against bodies leading two charged trespassing maximum misdemeanor failing vacate ample time lawful orders evident police action underway halting progress repeatedly repeating dispersal allowing time clear space seven charged trespassing resisting obstructing officer maximum felony impeding officers physically contacting obstructing arrest dozens promptly obeyed officers dispersed those didn't trespassing serious offense only filed demonstrating physical force counteraction police duty secure public safety laws prevent risks.
Two additional individuals one alumnus another no known affiliation charged separate incidents counterprotest staged Diag April period camp present alumnus disturbing peace maximum misdemeanor kicking flags demonstrators attempted ethnic intimidation maximum misdemeanor stated investigating officer man allegedly took broke deposited flags garbage can traversing Diag malicious destruction personal property less maximum misdemeanor.
“A college campus should explore share ideas opinions flourish conviction ideals excuse violations law,” Nessel said. “Campus shouldn't be lawless crime anywhere else city remains crime university property designed safe communities respectful coexistence regardless disagreements beliefs striving safe communities neighborhoods protect encourage safe campus environment."
Department urges UM Michigan universities review policies procedures rallies protests ensuring up-to-date protecting freedom speech student safety enforcing rules content-neutral way charges filed yesterday District Court Washtenaw defendants not arraigned court yet