For more on this topic, see Antonio Buehler and the Peaceful Streets, The Peaceful Streets Police Summit, and More Unconstitutional Copwatching Arrests in Austin.
Earlier this month, a Grand Jury in Austin, Texas finally ruled on Antonio Buehler and his allies in the Peaceful Streets Project in a case which stretches back to New Years 2012. Though Buehler will not face felony charges, he and other allies will go to court to answer to several misdemeanors. And Buehler found himself back in jail again after the Grand Jury ruling.
Felony charges date back to this Westpoint graduate’s controversial first arrest on New Years, when he filmed a violent arrest of a driver suspected of DUI and her passenger. Buehler was arrested and accused of spitting on an officer. Though the Austin Police Department refused to release the officers’ dashboard camera footage, other witness footage collected by Buehler seemed likely to exonerate him and it seems the Grand Jury didn’t think this charge would stick.
But Buehler’s first arrest launched him on a personal crusade to fight for police transparency and the constitutionally-protected right of citizens to film the police. Other arrests during the ensuing months were rolled into the investigation. The Grand Jury also made at least a token consideration of whether police had engaged in wrongdoing too.
Unsurprisingly, the cleared police of charges. At the same time, they chose to indict Antonio Buehler on four Class C misdemeanor charges of failure to obey the obey the police. Area activist Sarah Dickerson, arrested while filming one of Buehler’s arrests, was indicted for a single count of the same charge. Norma Pizana, the passenger in the New Years situation, will go to court for a Class A misdemeanor charge of resisting arrest.
According to District Attorney Rosemary Lehmberg,
The Grand Jury met on six occasions and heard from 13 witnesses, including Antonio Buehler and Officer Patrick Oborski. The felony charges considered by the Grand Jury were tampering with a governmental record by Officer Oborski as well as harassment of a public servant by Antonio Buehler. The Grand Jury also considered whether Officer Oborski committed official oppression.
But according to the official statement on the Peaceful Streets website:
[The Grand Jury] did not hear from either Buehler or Dickerson regarding the post-New Year’s Day incidents, nor any of the Peaceful Streets Project volunteers who witnessed those incidents. … There was no evidence that either Buehler or Dickerson ever obstructed or interfered with an officer engaged in his official duties.
Austin Police Chief Art Acevedo continues to insist that none of the arrests were motivated by the filming, but by interference with police duties:
The Austin Police Department wants to once again reiterate the fact that simply filming police actions are generally lawful. However, interfering or obstructing a lawful police action, failure to obey a lawful order, and/or resisting arrest is a violation of the law.
Thanks to the Austin Chronicle for their continued coverage.
Buehler’s activism — and arrests — continue. The Austin-American Statesman reports that Buehler was arrested in mid-April for putting Peaceful Streets stickers on the back of city signs near the Travis County Courthouse, part of a major hub of law enforcement activity in downtown Austin — he spent the night in the jail on the same block. The initial charge was for misdemeanor Class C Criminal Mischief, but after a city technician assessed the “damage” to signs at $99, the charge was upgraded to Class B.
Peaceful Streets Project members continue to regularly gather for copwatch events and Know Your Rights trainings.
Photo by Texasoccupymovement.org, used with permission.