MINNEAPOLIS _ A Ramsey County judge has thrown out gross misdemeanor riot charges against more than 40 people in connection with a July protest on Interstate 94 in St. Paul that was sparked by the police shooting of Philando Castile.
During the July 9 action, about 300 protesters entered the freeway at Lexington Avenue and marched eastward, blocking traffic in both directions while throwing rocks, concrete chunks and other items at law enforcement.
Dozens of police officers decked out in riot gear used smoke bombs, and eventually tear gas and pepper spray, to disperse the crowd. Police eventually closed the freeway for several hours between downtown St. Paul and Highway 280.
Authorities said at least 16 officers were injured. As a result, 46 people were charged with third-degree riot, along with misdemeanor public nuisance and unlawful assembly.
In rulings issued Wednesday afternoon, Judge G. Tony Atwal said that simply being at the protest and ignoring orders to leave the freeway does not constitute active rioting. In most cases, there is no direct evidence to prove those charged were throwing items at law enforcement officers.
"Even if Defendant was aware of the violence toward law enforcement personnel, this is insufficient to support a riot third degree charge ... " Atwal wrote in the ruling in favor of one of the defendants, Brian Heilman. "Other than the fact that defendant was arrested on the westbound traffic lanes of I-94, the record is void of any fact establishing that the State possesses substantial evidence which would be admissible at trial."
However, Atwal wrote that evidence exists to uphold the misdemeanor charges for blocking the freeway.
Castile, 36, was shot and killed July 6 by St. Anthony Police Officer Jeronimo Yanez during a traffic stop in Falcon Heights. The aftermath of the shooting was live-streamed by his girlfriend Diamond Reynolds, and the video was viewed by millions, and also spurred weeks of protests. Yanez has been charged with multiple felonies, including manslaughter, for the shooting.
