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#D12 UPDATE: Gulf Port 7 Accept Misdemeanor Plea Bargain

2:36 pm in Uncategorized by Kit OConnell

A red tent is erected over a blockade.

The Houston Fire Department places an inflatable red tent over the Gulf Port 7 during their arrest. The seven felony charges were reduced to misdemeanors today.

Corey Williams of Occupy Austin traveled to Houston today with some defendants in the Gulf Port 7 trial. His Twitter feed (@iamed_nc) suggests a tense court room situation, but lawyers ultimately agreed on a deal. Under the plea bargain, all seven defendants will accept the Class B Misdemeanor charge of Obstructing A Roadway. This is the same charge faced by the other participants in the Gulf Port Blockade on December 12, 2011 who did not use the lock box devices.

Undercover Austin Police Officer Rick Reza poses with one of the lockboxes he constructed with other undercover officers.

Previously, the seven defendants faced a charge of Manufacture or Use of a Criminal Device, a state felony that included serious jail time. Additionally, the court commuted the group’s sentences to time served, covering the need for future jail time or paying court costs. The decision is a relief, especially as the case’s sympathetic judge was due to be replaced by a more conservative Rick Perry appointee due to impending retirement.

The arrests occurred during a national day of action at the ports against Goldman-Sachs, organized by Occupy Oakland. The Gulf Port 7 made use of PVC-pipe devices called lock boxes, also known as sleeping dragons, to link their arms together. During the trial, it was revealed that the lock boxes were constructed by three undercover Austin Police Department officers assigned to infiltrate Occupy Austin. Austin Police Chief Art Acevedo continues to insist that this was done “for safety” rather than a deliberate act of provocation and entrapment.

Defendant Ronnie Garza told Firedoglake,

We won. We got the charges we originally were expecting and we got 400 pages of emails, texts and embarrassing photos along with the names of 3 undercover officers. We also found the role the fusion centers played in all of this. All that is left is to reveal the name of a fourth undercover we recently found.

According to Ronnie, now that the court case is over the emails and texts released during pre-trial will be released to journalists and the public after the redaction of some sensitive personal details of the named activists.

One of the seven, Eric Marquez, is still imprisoned in the Dallas area, and may face as much as another year in jail, but Corey told @OccupyAustin he hoped this decision makes his situation “a little easier.”

More on Firedoglake about the Gulf Port 7 Case and Austin Police Infiltration

Ronnie Garza interviewed by mainstream media while wearing mock lockboxes.

Ronnie Garza, one of the Gulf Port 7, poses in a fake lockbox at a press conference held at Austin Police Department headquarterslast year.

I’ll continue to update Firedoglake on future developments in this case.

More: Storify of Corey’s Twitter coverage

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#D12 Gulf Port 7: Undercover Austin Narcotics Detective Enabled Houston Felonies

1:19 pm in Uncategorized by Kit OConnell

A red tent is erected over a blockade.

The Houston Fire Department places an inflatable red tent over protesters using lockbox devices built by Austin Police Department Detective Shannon G. Dowell (Photo: December 12, 2011 at the Port of Houston by Kit O'Connell)


Update

Why did undercover Austin Police Department Detective Shannon G. Dowell provide material support for an activist protest that resulted in them being charged with a felony in Houston?

That’s the question I want answered after speaking with Ronnie Garza, a member of Occupy Austin who faces felony charges resulting from actions at the Port of Houston on December 12, 2011. On this day, the National Port Shutdown day of action, seven activists from Austin, Dallas, and Houston blocked the main entrance into the port by laying in the road and linking arms inside lockboxes (also known as sleeping dragons), which physically linked them together so that police cut them apart. The use of these instruments resulted in these seven being charged with Unlawful Use of a Criminal Instrument or Device, while others who merely linked arms and legs faced lesser misdemeanor charges. I was present at this day of ‘Gulf Port Action‘ and wrote about it on my blog, Approximately 8,000 Words.

But it turns out that a secret undercover agent with the police department had infiltrated the activist group, and he is the person who acquired the materials and built the “lockboxes” for this action. Further, apparently other members of the police department were also involved in enabling an action which, but for the undercover agent’s intervention, might never have been classified as a felony.

In addition to Garza, other members of the Gulf Port 7 include Iraq veteran Eric Marquez, who has been stuck in jail since December and Remington Alessi, a Green Party candidate for Houston sheriff. If convincted, they face up to two to ten years in state prison.

The cases were brought before Judge Joan Campbell of the 248th District Court who dismissed all charges due to lack of evidence. However, the felony charges were later reinstated by a Houston grand jury. Garza told me that the latest development of uncovering an infiltrator came to a head at a discovery hearing on Monday, August 27, but is the result of months of hard work by many including his attorney, National Lawyers Guild’s Greg Gladden. Photos of the officer at Occupy Austin have been obtained by Gladden.

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