After a first appearance in Spokane County Superior Court at 1:30 pm on Thursday, June 12, two protesters who were booked into Spokane County Jail on felony charges for unlawful imprisonment were released on their own recognizance.
The two protesters include Justice Forral, who has advocated for civil rights in Spokane for years, and Erin Lang, a local artist. Both Lang and Forral are accused of preventing people from exiting the building at 411 W. Cataldo Ave., where protesters sought to prevent Immigration and Customs Enforcement from taking two detained men away to Tacoma.
"Numerous individuals were absolutely trapped inside a location represented in the affidavit of facts," said Stuart Fox, a Spokane County Prosecutor's intern, during the first appearance. "Additionally, there is a potential impact for interference with the administration of justice."
The affidavit is not yet public on the Spokane County Court records website.
Sarah Freedman, the lawyer representing Forral and Lang, argued that the pair's lack of criminal history meant that the court should "impose the least restrictive means" of release. They were released without needing to pay a bond, and are not allowed to return to the 400 block of West Cataldo Avenue as their cases proceed.
Forral and Lang are scheduled for an arraignment on June 25 at 10 am.
MORE ABOUT WHAT STARTED THE PROTEST
Former Spokane City Council President Ben Stuckart, who now leads the Spokane Low Income Housing Consortium, prompted the response to the Immigration and Customs Enforcement facility on Cataldo Avenue on Wednesday.
Stuckart was seeking support after a man he is the guardian for was detained and ICE agents said they would be taking him to the ICE detention facility in Tacoma.
Stuckart tells the Inlander that three weeks ago he sponsored a man named Cesar, who is seeking asylum from Venezuela under the Vulnerable Youth Guardianship Protection Act, and was taking the man to an already-scheduled appointment to continue that legal process to live and work in the United States. Cesar turned 21 yesterday, meaning the youth guardianship expired, Stuckart says, because he was no longer in the age range for the program.
"I felt helpless in the moment because ICE wouldn't let me into the meeting with [Cesar]. They wouldn't let me say goodbye to him, and in a situation like that ... my choice at that point was to walk away and pretend that wasn't happening, or to act," Stuckart says.
Stuckart confirms that Cesar and another detained man named Joswar were both transported to the Tacoma ICE facility last night.
LESS LETHAL ROUNDS
Corporal Mark Gregory, spokesman for the Spokane County Sheriff's Office, says about 50 sheriff's deputies responded to the protest last night. (Spokane Police Chief Kevin Hall said during last night's press conference that more than 185 Spokane police officers responded. )
While the sheriff's office is still receiving reports from its deputies and checking to ensure they are accurate, as of Thursday afternoon, Gregory says the office is aware of their deputies using smoke and pepper balls to respond to the protest, and the deputies reported firing four less-lethal rounds.
The less-lethal rounds included three bean bags, which are fired from shotguns, and one 40 mm blue-tipped foam baton round, which is fired from a tube-like gun, he says.
Gregory says the less-lethal rounds were fired in response to protesters who picked up smoke canisters and threw them back at officers, which is felony assault on a law enforcement officer.
Spokane County Sheriff John Nowels says that because his office was the one to use the less-lethal rounds in response to protesters, his staff will investigate body camera and surveillance footage to see if they can identify who those people were who threw the canisters. Nowels says if identified, those people could be charged with felony third-degree assault.
"We will be doing the investigation on that and trying to identify them," Nowels says.
Nowels also says it's possible more people could be charged with felony unlawful imprisonment related to keeping people from leaving the facility on Cataldo Avenue, and he believes Spokane Police Department is leading that investigation.
Gregory says he did not receive any deputy reports of anyone throwing molotov cocktails, a rumor that was quickly picked up on social media due to a video that appears to show someone picking up and throwing a canister that's on fire or sparking.
When the smoke canisters are deployed, they do sometimes spark, Gregory says, confirming he watched footage of protesters picking those up and throwing them.
The sheriff's office does not use rubber bullets, and did not use tear gas, Gregory confirms.
Nowels says his office was asked Thursday about an orange-tipped baton round, and sent a picture. Those rounds are similar to the blue foam rounds, but also deploy what's essentially pepper spray powder on impact, but he says he has not received reports of any of his deputies deploying that round, or having those available last night.
"We do possess those, but none of our people said they had those out there last night," Nowels says.
POLITICAL REACTIONS
Yesterday and today, some politicians released official statements in response to the protests in Spokane.
At 9:22 pm on Wednesday, Spokane County Commissioner Josh Kerns released the following statement, condemning what he labeled "riots," though those in attendance say the crowd was mostly peaceful and it was not immediately clear why police deployed chemical irritants when they did.
"The unrest we have seen in the City of Spokane is unacceptable. I stand with the dedicated men and women of law enforcement who put themselves in harm’s way to protect lives, businesses, and public safety. Thank you to our police officers, deputies, and their families tonight. We support you and have your back," Kerns stated. "I strongly support every American’s First Amendment right to speak freely and protest peacefully—but that right does not include violence, obstruction of law enforcement, destruction of property, or putting others at risk. We must uphold both our freedoms and our responsibility to exercise them lawfully."
At 11:45 am Thursday, U.S. Rep. Michael Baumgartner, the Republican congressman representing Spokane and Eastern Washington, issued his own statement:
"I have spoken with Spokane Mayor Lisa Brown and other local government officials about last night's protests. I’d like to applaud our law enforcement’s timely response and effective use of restraint to not let the situation escalate," Baumgartner stated. "It is imperative that local government officials in Washington state work collaboratively with federal officials to enforce immigration laws. We need both secure borders and immigration reform. Peaceful protest is guaranteed under the Constitution, but there is no excuse for violence or impeding law enforcement officials."
Just minutes later, Spokane City Council President Betsy Wilkerson sent out her own statement.
"In response to the recent immigration protests, I feel it is imperative to speak directly to our community.
Let me be clear: those who were arrested during these events did not face consequences for exercising their right to protest. The actions taken by the Spokane Police Department (SPD) were aimed at keeping our residents safe, not at supporting Immigration and Customs Enforcement (ICE) agents. We are still gathering information on the events last night, but we are confident that SPD arrests targeted only those individuals who unlawfully obstructed justice or engaged in acts of vandalism. Our right to protest is sacred, but it must be exercised responsibly and with respect for the law and the rights of others. We stand firmly behind the Mayor's decision to implement a curfew, a necessary measure to maintain peace while also respecting the fundamental First Amendment rights of our residents.
I recognize that the civil unrest we are experiencing can create deep divisions within our community. However, now is not the time for discord; it is a time to focus on finding a path forward that prioritizes the safety and well-being of our immigrant community.
I firmly believe in our motto, "In Spokane, We All Belong." We will continue to support the Keep Washington Working Act, which protects immigrant communities by minimizing the involvement of SPD to the greatest extent possible. Our immigrant community adds immense value, culture, and a strong workforce that contributes to what makes Spokane the place we call home.
I would also like to commend Chief Hall for his leadership and the collaboration with regional jurisdictions, demonstrating that working together for the betterment of our community is possible.
Together, we can create solutions that uphold our values and ensure that every citizen feels secure and respected. I urge each of you to continue using your voices. Enhance your civic engagement by collaborating with the Council on ordinances and laws that will protect our most vulnerable and ensure their safety and freedom in Spokane and throughout the United States."
The Washington Democrats sent out a press release reminding people to protest safely.
The MAGA regime has unleashed National Guard troops and the military on families in California in order to propel their agenda of abduction and intimidation. Washington is likely next. This weekend, we need everyone to make their voices heard at rallies across the state to stop the Trump regime from turning our government into a weapon against our people. They are spreading lies about immigrants to justify their power grab and to unleash the military against us.Editor's Note: This story was updated to remove an inaccurate description of Joswar's nationality. He is from Venezuela.
These blatant provocations are meant to create a situation that “justifies” federalizing the National Guard. We implore everyone not to play into Trump’s hands and fall for his schemes. Trump wants us to escalate so he can send in troops. Please use the following tips to be safe, cautious, and mindful.
Be loud, but be smart. Not all speech is protected speech, and property destruction is not protected under your First Amendment rights. These are scary times. The best defense is to be prepared.
