Criminal trespassing charges against 79 people arrested during a pro-Palestinian protest at the University of Texas in April were dismissed, the local prosecutor's office announced Wednesday, a decision that "disappointed" the school administration and came as a relief to the protesters.
"After examining and weighing all the evidence presented, we have determined that we cannot meet our legal burden to prove these 79 criminal trespass cases beyond reasonable doubt, and they will be dismissed," Travis County Attorney Delia Garza said at a news conference.
The announcement came just a week after the Manhattan district attorney's office dismissed most trespassing charges against protesters who occupied a campus building at Columbia University. The Manhattan Ivy League school was a flashpoint in the protests over Israel's war in Gaza, and its encampment inspired similar demonstrations on hundreds of campuses across the country. The protests subsided in the first weeks of summer break.
On April 29, police arrested 79 people at a brief pro-Palestinian encampment on the University of Texas at Austin's South Mall, including 34 students. Protesters and officers collided in a standoff that saw officers deploy flash bangs and tear gas before zip-tying dozens of demonstrators and loading them into vans.
An earlier demonstration on campus ended with the arrest of 57 people. Garza's office dropped all the trespassing charges days later, citing insufficient evidenceand "deficiencies" in probable cause arrest affidavits written by officers.
The dismissals related to the April 29 protest only apply to criminal trespassing cases, Garza said. Two additional charges from the protest for obstructing a highway or passageway and interfering with public duty are still pending.
UT police also charged a San Marcos man who they said illegally carried a loaded gun on campus during the April 29 protest, and the Texas Department of Public Safety arrested a professor whom the agency accused of grabbing a trooper's bike and yelling expletives. The professor was then fired by UT, the American-Statesman, part of the USA TODAY Network, previously reported.
The Travis County attorney's office has the responsibility of reviewing all misdemeanor cases to determine if there is "sufficient evidence" to meet the highest legal standard. Garza said the office spent 90 hours reviewing evidence, including body camera footage and hundreds of pages of offense reports.
"We also have the responsibility to determine if pursuing any case is in the interest of justice, in the interest of public safety, and aligns with the values of this community," Garza told reporters.
University officials 'disappointed' by the dismissals
A statement from the university shared with the Statesman by UT spokesperson Mike Rosen expressed disappointment in the decision.
“We respect the law and are deeply disappointed by the County Attorney’s actions," the statement said. "The University will continue to use the law enforcement and administrative tools at our disposal to maintain safety and operational continuity for our 53,000 students who come to campus to learn, regardless of whether the criminal justice system shares this commitment."
UT's statement added that the university supports free speech, but not rule violations.
"Actions that violate laws and Institutional Rules should be met with consequences, not with political posturing and press conferences," the statement said. UT System Chairman Kevin Eltife and Gov. Greg Abbott have both said such divestment will never happen and praised the police response as necessary and effective, despite critiques that the police response was dangerous and escalatory.
Protesters welcome decision, may pursue civil lawsuit
But for protesters whose charges were dismissed, Wednesday's announcement came as a "great sigh of relief," Hanna Barakart, an Austin resident who was arrested at the April 29 protest, said outside the news conference.
"I hope this makes a lot more people feel strongly about protecting their freedom of speech and using their voice to speak up against terrible things," Barakart said. "That's all we were there for."
Barakart described the arrests as an "extremely dehumanizing, traumatizing experience."
Sam Law, a UT graduate student who was arrested April 29, said he and other students are considering civil litigation due to their free speech concerns.
"The overreach and violence of our arrests was deeply traumatic and personally sent a clear message that our free speech rights weren't being respected," Law said.
Law added that they hope all other pending charges are dismissed, and that university officials consider this development as they pursue disciplinary proceedings against protesters for alleged rule violations the students denied in a collective letter.
"No one should be afraid to stand up against an ongoing genocide," Law said.
