According to a new retroactive policy from Portland DA Mike Schmidt, protesters who took part in George Floyd protests can only be charged with assault, theft or property damage.
According to Schmidt in an official statement, the DA office must “recognize that we will undermine public safety, not promote it, if we leverage the force of our criminal justice system against peaceful protestors who are demanding to be heard.”
Schmidt also argues “We will presumptively decline to charge cases where the most serious offenses are city ordinance violations and crimes that do not involve deliberate property damage, theft, or the use or threat of force against another person.”
Per the DailyCaller, the DA will not prosecute those charged with interfering with a police officer, disorderly conduct, criminal trespass, harassment (when classified as a misdemeanor) or rioting unless accompanied by one of the three acceptable charges.
The statement also encourages prosecutors to apply strict scrutiny to cases regarding resisting arrest, saying prosecutors should consider “the chaos of a protesting environment, especially after tear gas or other less-lethal munitions have been deployed” and question whether the officers used probably cause in the first place.
Schmidt is also calling for charges to be dropped after victims, whose harm was financial, are compensated, or the charged individual has made amends to the community.
Here is the full policy: