San Francisco District Attorney Brooke Jenkins announced she's dropping misdemeanor riot charges against those arrested after chaos and violence related to the Dolores Street Hill Bomb skateboard event last month near Mission Dolores Park.
The DA said there was a lack of evidence regarding the riot charges stemming from the hill bomb, which refers to a skateboard maneuver where riders fly down a big hill via a city street. The annual ride on a street adjacent to the city park between the Mission and Castro districts isn't permitted and has long brought complaints and calls for police intervention from nearby residents.
"The SFPD had probable cause to act to disperse the group, which had been declared to be an unlawful assembly," Jenkins stated to the Bay Area Reporter on August 7, referring to the San Francisco Police Department. "But, the evidence does not clearly show which specific individuals were inciting a riot, heard the dispersal orders, and refused to comply with dispersal orders."
However, those allegedly engaged in vandalism or other crimes during the event may be prosecuted at a later date, the DA's office noted.
Not everyone is happy — the Harvey Milk LGBTQ Democratic Club and its president, Jeffrey Kwong, stated that "the decision to 'discharge' the citations means no charges are being filed right now, but we will not stand idly by as an investigation proceeds based on the identifying information the police unlawfully obtained during the mass arrests."
"The SFPD's wrongful arrest of innocent children and adults, detaining them to extract mugshots and fingerprints, is an egregious violation of their constitutional rights and cannot be tolerated," the club added.
Kwong explained, "Our demand for transparency and a comprehensive investigation is a direct challenge to the DA and SFPD's attempt to sweep this injustice under the rug."
The club also noted that Jenkins' statement "ignores the actions made by the SFPD trampling on the rights of young individuals who were indiscriminately arrested during the Dolores Park hill bomb."
SFPD Chief William Scott previously told the Police Commission everyone who was arrested were given their Miranda warnings, as required by law.
Gunshots, smoke bombs, a stabbing, vandalism, the takeover of Muni light rail vehicles, and fireworks led to the mass arrest around 8:30 p.m. July 8 after dispersal orders from SFPD, authorities said. In all, 81 juveniles and 34 adults were arrested, according to police.
The arrests led to outrage at the department, and its chief, William Scott, who, as the B.A.R. previously reported, gave a dramatic presentation to the city's police commission laying out the case for the arrests.
"Nobody was arrested for skateboarding," Scott said at that time. "Our No.1 responsibility is to protect the safety of the people of San Francisco. On July 8, we deployed officers to do just that."
Not everyone was quick to condemn the police — gay District 8 Supervisor Rafael Mandelman told the B.A.R. he thought the arrests were an appropriate response to a dangerous situation.
"The Dolores Hill Bomb has been a problematic event for many years," Mandelman stated to the B.A.R. at the time. "Property damage and injury to participants seems to have been reduced this year, but plainly there's more work for the city to do to prepare for next year. I'm grateful for the work of [the Municipal Transportation Agency] and the PD to contain the mayhem this year and wishing the injured officer a speedy recovery."
Police investigation ongoing
Nonetheless, the department of police accountability is conducting an investigation into the SFPD's actions.
Jenkins' office had previously stated that juvenile proceedings couldn't be commented on because of confidentiality. One case involving an adult arrested on a felony gun charge has been discharged for further investigation, according to her office, because the results of a DNA analysis are still pending.
Jenkins' office stated that charges of inciting a riot could only be proved if an individual could be shown beyond a reasonable doubt to have acted to encourage a riot, and intended to cause one. However, at this time, the DA's office can't make that determination of any single individual.
Further, charges of failing to disperse could only be proved if an individual could be shown beyond a reasonable doubt to have assembled intending to disturb the peace or commit a crime, to have heard a dispersal order, and willfully failed to do so.
The DA's office claims it also can't establish this of any particular individual.
"Misdemeanor citations presented to our office for failure to disperse and inciting a riot will be discharged at this time. If additional information is developed, charges may be filed for up to one year, consistent with the statute of limitations for misdemeanor offenses," Jenkins stated.
"Discharging these misdemeanor citations does not involve or impact any current or potential investigations into vandalism, property crime or any other more serious crimes connected to the Hill Bomb event, as those alleged crimes remain a top focus for us to pursue. Should anything come to light connected to any of these specific individuals, our office has the ability to file charges in the future."
The police investigation into vandalism that evening is ongoing.
"The San Francisco Police Department's investigations into vandalism, property crime, and other crimes allegedly committed during the Hill Bomb event are ongoing," Jenkins stated. "SFPD is reviewing voluminous evidence and investigating several suspects. If cases are presented to my office for prosecution, we will conduct careful individualized assessments to ensure there is accountability in each case that is provable beyond a reasonable doubt."
Kwong stated that the Milk club condemns Jenkins' statement.
"We adamantly refuse to accept any prosecution of the young people involved, as any such attempt would be based on unlawfully obtained evidence. The DA and SFPD must unequivocally acknowledge that the mass arrest was illegal and violate the youths' constitutional rights," Kwong stated.
The club stated via Facebook that it won't "stand idly by as an investigation proceeds based on the identifying information the police unlawfully obtained during the mass arrests."
"The Dolores Park incident serves as a stark reminder of the urgent need to hold the DA and SFPD accountable for their actions, especially when they violate the rights of our youth," the club added.
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