AUSTIN, Texas — Charges will be dismissed against dozens of protesters arrested in April at the University of Texas at Austin.
Travis County Attorney Delia Garza made the announcement Wednesday afternoon, saying that when it comes to law enforcement, she recognizes the importance of their presence but she disagreed with the tactics used.
Charges were dismissed immediately following the first round of arrests on April 24 due to lack of probable cause. However, the batch of arrests Garza will dismiss is part of the April 29 protests that saw 79 people arrested and charged with criminal trespassing.
"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 a reasonable doubt," Garza said. "They will be dismissed."
Garza said she and her team spent about 90 hours looking at the cases when they made it to her desk.
Haithem El-Zabri, who was arrested during the April 29 protest, said his arrest and others' were violent.
"They started pulling, picking somebody and pulling them out and arresting them," El-Zabri said. "Then picking their next targets and violently pulling them out, like pushing … Sometimes physically assaulting us to break us up and pull us out."
El-Zabri said Wednesday's announcement was a win, but that he and others won't back down, as there are still other protesters with heightened charges who could still face prosecution. Meanwhile, Garza said there are still cases her office is working to investigate.
"I know that, you know, she put her neck out because the state, in general, is repressive. And I know the governor didn't want to see this happen," El-Zabri said.
UT reacts to Garza's announcement
On Wednesday, officials at UT Austin said their Student Conduct administrative processes differ from the criminal justice system and is not dependent on whether a criminal charge is filed related to an arrest. They also said the university does not discipline students for protesting.
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Here's the full statement released by the university:
“We respect the law and are deeply disappointed by the County Attorney’s actions. 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. Free speech is welcome on our campus. Violating laws or rules is not. Actions that violate laws and Institutional Rules should be met with consequences, not with political posturing and press conferences.”
Garza said she wishes leaders would have done better.
"I wish leaders, you know, our state leadership and even the university leadership had ... thought of the – I feel like there could have been another solution," Garza said.