Multnomah County District Attorney Mike Schmidt announced his office will not prosecute nonviolent misdemeanor charges that have been levied against hundreds of Portland protesters over the past couple months.
“We recognize that we undermine public safety, not promote it, if we leverage the force of our criminal justice system against peaceful protesters who are demanding to be heard,” Schmidt said Tuesday.
A new policy from Multnomah County’s top prosecutor stated that only rioters involved in “deliberate property damage, theft, or force against another person or threats of force” could face charges.
Schmidt said 550 protest-related cases have been referred to his office since late May and that only 133 were felony referrals.
“The protesters are angry … and deeply frustrated with what they perceive to be structural inequities in our basic social fabric. And this frustration can escalate to levels that violate the law,” Schmidt said. “This policy acknowledges that centuries of disparate treatment of our black and brown communities have left deep wounds and that the healing process will not be easy or quick.”
Schmidt added that prosecuting cases “relating solely to protest activities,” such as disorderly conduct or criminal trespass, “have a weak nexus to further criminality.”
Portland has seen months of nightly protests and riots sparked by the death of George Floyd on Memorial Day.
President Trump has repeatedly denounced the violence, calling on local leaders to gain control of the situation and deploying federal officers to the area.
“Portland, which is out of control, should finally, after almost 3 months, bring in the National Guard. The Mayor and Governor are putting people’s lives at risk. They will be held responsible. The Guard is ready to act immediately. The Courthouse is secured by Homeland!” Trump tweeted Monday.
Portland officials most recently declared a riot on Sunday night after people broke into a Portland Police Association office and lit a fire.
Schmidt said Tuesday that “consideration should be given to the chaos of a protesting environment” in light of officers using “tear gas or other less-lethal munitions” against the rioters.
