Black Lives Matter protester again ordered to face trial or diversion

January 29, 2022

Amman Asfaw

By KAREN VELIE

A Black Lives Matter protester was once more ordered to both comply with diversion or face trial for false imprisonment associated to detaining a driver throughout a July 21, 2020 BLM march by way of the streets of San Luis Obispo, throughout a listening to on Friday.

Amman Asfaw’s legal professional Earl Conaway filed one other movement to dismiss, the newest was sought within the “furtherance of justice,” in response to the movement. The submitting included a letter of advice from Cal Poly President Jeffrey Armstrong.

Conaway touted Asfaw’s accomplishments as a first-generation U.S. citizen and the racism he has endured. Conaway argued {that a} automobile knocked Asfaw down whereas he was strolling in a crosswalk.

Deputy District Lawyer Delaney Henretty known as Conaway’s description a gross mischaracterization. Asfaw was not strolling throughout a sidewalk and he was not knocked down — he sat down, Henretty stated, noting Asfaw detained his alleged victims to drive them to listen to his message.

“What if this was a white supremacist rally that detained Asfaw’s household?” Henretty stated. “How will you not respect the rights of the pastor and his spouse?”

Conaway additionally argued that the fees have been politically and racially motivated.

“We’re free to say that is politically motivated as a result of a decide has discovered it to be politically motivated,” Conaway argued.

In 2020, Choose Matt Guerrero dominated that District Lawyer Dan Dow had a transparent battle of curiosity, and that native prosecutors ought to be changed by the California Workplace of the Lawyer Normal. The state then appealed Guerrero’s ruling. The appellate court docket has but to decide.

Close to the tip of Friday’s listening to, SLO County Superior Courtroom Choose Roger Picquet stated he checked out all of the letters Asfaw offered from the Cal Poly group, the SLO Metropolis Council and the group at giant. Picquet stated he was impressed by Asfaw’s background.

Nonetheless, Conaway’s movement was not based mostly on a truth discovering train, Picquet stated.

As well as, Picquet stated Asfaw may have chosen diversion.

In early 2021, Henretty provided misdemeanor diversion to 5 of the seven defendants charged following the July 21 protest, which suggests they might have their costs dismissed if they comply with attend lessons or do group service. All 5 defendants declined the supply.

Picquet stated it was inappropriate to grant Conaway’s movement for dismissal. He then set a readiness convention for Could 6.