Charges against four demonstrators arrested outside a Centennial ICE facility during a July protest will be dismissed Friday, according to the 18th Judicial District Attorney's Office. The four had faced obstruction-related charges stemming from a July 20 demonstration outside the federal immigration facility, and dozens of community members had turned out in support of them.
The demonstrators — Yoselin Corrales, El Moss, Arnie Carter and Terry Burnsed — were arrested after allegedly ignoring Arapahoe County sheriff's deputies' orders to stop blocking passageways near the Immigration and Customs Enforcement field office at 12445 E. Caley Ave., according to The Denver Post. Corrales and Moss were each charged with obstructing a passageway and obstructing a peace officer, while Carter and Burnsed were each charged with obstructing a passageway outside the facility.
The four walked into the Arapahoe County Justice Center in Centennial for arraignments on Sept. 9, with supporters gathered around them. Prosecutors have now decided the criminal cases should not move forward, the outlet reports.
Padden Frames Dismissal as Balancing Free Speech and Criminal Conduct
District Attorney Amy Padden said she strongly believes in the First Amendment and the right to peacefully assemble, speak out and protest, adding that those rights are fundamental to democracy. But Padden also said freedom of speech does not protect against prosecution for criminal conduct, and that criminal statutes cannot criminalize speech itself. The office also distinguished peaceful protest from potentially unlawful conduct.
Padden called dismissing the four cases an appropriate exercise of prosecutorial discretion and said doing so was in the interest of justice.
Colorado Revised Statutes Section 18-9-107 defines obstructing a highway or passageway as intentionally, knowingly or recklessly obstructing a place used for the passage of people or vehicles without legal privilege, according to a version of the statute reproduced by Justia.
A Familiar Pattern for the 18th Judicial District
This isn't the first time the 18th Judicial District Attorney's Office has walked back charges tied to protest activity. In 2021, the office moved to withdraw the most serious charges against three protest leaders — Lillian House, Joel Northam and Terrance Roberts — who were among six organizers arrested in 2020 after leading demonstrations in Aurora over the death of Elijah McClain, as previously reported by The Denver Post.
In that case, prosecutors asked to dismiss felony charges against House and Northam and all but one misdemeanor charge against Roberts. A judge also withdrew kidnapping charges against three protesters in that earlier case.
