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ACLU slams DA over protest charges
by Nolan Clay
Published: Mon, June 29, 2020 1:04 AM Updated: Mon, June 29, 2020 1:15 AM
The ACLU of Oklahoma is accusing Oklahoma County District Attorney David Prater of overcharging protesters to silence those speaking out against police brutality and racism.
The ACLU criticized the district attorney Saturday evening, one day after he charged three protesters with terrorism, four with rioting and one with assault and battery upon a police officer. The civil liberties organization called the felony charges excessive, politically based and upsetting.
Prater on Sunday defended the charges, saying, "When you act like a terrorist, you will be treated like a terrorist."
The terrorism, rioting and assault charges arose from protests that turned violent in Oklahoma City on May 30 and 31. More rioting charges against other protesters are expected to be filed later this week.
The protests last month were among demonstrations across the country sparked by the May 25 death of George Floyd, a Black man who was pinned to the ground by Minneapolis police officers.
The ACLU said "urgent use of the harshest possible charges to retaliate against protesters is part of the broader injustice and systemic racism we join Black leaders on the ground in condemning."
"We continue to join with our partners in the community in following the lead of Black Lives Matter OKC in asking that all charges against protesters be dropped. And (we) encourage people to contact their elected District Attorney David Prater ... to join in that ask."
The terrorism charges involved the burning of an Oklahoma County sheriff's van and the damage done to an Oklahoma City bail bonds business. One defendant, Isael Antonio Ortiz, 21, of Welch, is charged in both incidents. He was jailed Saturday morning. If convicted, he could be sentenced to life in prison.
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Ortiz already is on probation after pleading guilty last year to endangering others while attempting to elude police. He also already is facing a 2019 drive-by shooting charge.
The filing of the charges Friday was met on social media with both harsh criticism and effusive praise.
In a news release, the interim legal director for the ACLU of Oklahoma called the filing of terrorism charges "nothing short of an abuse of power."
"The charging decisions are inflammatory at best, and, at worst, deliberately unconstitutional," Michael Redman said. "It is an unsubtle attempt to stifle free speech by overcharging individuals with anti-terrorism conduct and the implicit threat that, you too, can face serious anti-terrorism charges simply by being present during a protest.
"Prater is using the hammer of his office to intimidate people into not exercising their Constitutional rights while demanding justice and racial equality. The harshest of these charges being leveraged against young Black men is part of the very problem the community has been protesting."
Police identified two of the terrorism defendants as Black and one as white.
The ACLU also complained that any conversation about the property damage done during protests "diminishes and diverts attention away from the reason thousands are protesting and demonstrating."
In a written statement, Prater said it was concerning and bewildering that the ACLU has chosen "to defend criminals who are violent, exploitive and unscrupulous."
"These criminals have subverted peaceful protests and impaired the open discussion regarding race in our country," he said. "These criminals are diabolic and strategic in their use of tactics historically employed by terrorists throughout the world; namely, targeting innocent citizens with violence and the threat of violence, intimidation, the dissemination of propaganda to disrupt societal and communal relationships and using peaceful protestors as human shields. When you employ these tactics for a political purpose, you are a terrorist."
Prater said he and others in law enforcement will not be intimidated from "protecting those we serve by aggressively enforcing and prosecuting the law."
"When you act like a terrorist, you will be treated like a terrorist. All innocent citizens of Oklahoma County deserve to be protected. The citizens of Oklahoma County have a legal and constitutional right to personal safety and the protection of their property. It is my job to protect innocent citizens and their property and I will continue to do it to the best of my ability," he said.
Speaking out in support of the district attorney Sunday was John George, president of the Oklahoma City Fraternal Order of Police.
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"David's always been not afraid to do what he thinks is right," George said. "A lot of elected officials and city leaders have not shown support for their police departments across the country. It was nice to see DA Prater here do the right thing and file charges on people who needed to have charges filed on them."
The FOP president called some of what the ACLU said about Prater absurd.
"For them to say it's a political statement, do they not know he's a Democrat?" George said.
Also charged Friday were five people identified as involved in the painting of street murals in downtown Oklahoma City last week. They are accused in an incitement to riot charge of interfering with a police sergeant who was trying to take a homicide witness to an interview at police headquarters.
Isael Ortiz
+7+10
Oklahoma County District Attorney David Prater
Shartel Ave., next to the Oklahoma City Police Headquarters, Saturday, June 20, 2020. [Sarah Phipps/The Oklahoman]
A man takes video of the Black Lives Matter! that was painted on the west bound lanes of Springlake Dr., just east of the intersection of NE 36th and Kelley Ave.,Wednesday, June 24, 2020. [Doug Hoke/The Oklahoman]
Young girls take video of the Black Lives Matter! that was painted on the west bound lanes of Springlake Dr., just east of the intersection of NE 36th and Kelley Ave.,Wednesday, June 24, 2020. [Doug Hoke/The Oklahoman]
Two men take photos of the Black Lives Matter! that was painted on the west bound lanes of Springlake Dr., just east of the intersection of NE 36th and Kelley Ave.,Wednesday, June 24, 2020. [Doug Hoke/The Oklahoman]
People come by to see and take photos and video of the Black Lives Matter! that was painted on the west bound lanes of Springlake Dr., just east of the intersection of NE 36th and Kelley Ave.,Wednesday, June 24, 2020. [Doug Hoke/The Oklahoman]
People work to paint portions of Shartel Ave., next to the Oklahoma City Police Headquarters, Tuesday, June 23, 2020. [Doug Hoke/The Oklahoman]
Nolan Clay
Nolan Clay was born in Oklahoma and has worked as a reporter for The Oklahoman since 1985. He covered the Oklahoma City bombing trials and witnessed bomber Tim McVeigh's execution. His investigative reports have brought down public officials,... Read more ›
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