Wake County school board members distancing themselves from prosecution of protesters

Democratic members of the Wake County school board are distancing themselves from the decision to prosecute the school board protesters.

As noted in today's article, Democratic board members like Susan Evans and Keith Sutton are saying last week's decision to reject mediation shouldn't be interpreted as them wanting the protesters to go to trial. they say the prosecution question is solely up to Wake County District Attorney Colon Willoughby.

But Willoughby said Thursday his office will move forward with prosecution because the board didn't take the mediation offer that would have avoided the need for trials.

“If everyone had agreed to mediation, we’d be trying to do that,” Willoughby said.

Prosecutors were ready to go ahead if the board had said yes to mediation last week. Assistant District Attorney Steven Saad said they had already lined up a potential mediator.

Considering the heat the Democratic members are getting from supporters about not accepting mediation, it's understandable why they're trying to lay the issue on Willoughby.

Since prosecutors say attorneys for the protesters didn't sign on for mediation until after the fall elections, the decision to reject mediation surprised at least some people.

Willoughby said his office will be reviewing the cases for each of the 30 defendants. If they find unique circumstances, he said it's possible that some might see charges dismissed. But that's not what he expects to typically occur.

"As a whole, I would expect the trials would go forward," Willoughby said.

In not dismissing the charges, Willoughby cited the long history of people who’ve faced legal consequences for acts of civil disobedience.

“Those arrested for acts of civil disobedience were, I believe, deliberately trying to effectuate their arrests to make a public statement regarding the actions of government,” Willoughby said. “There have been a lot of situations over the years where people have chosen civil disobedience as a non-violent way to protest government action. In most of these cases, people come up and take responsibility.”

Willoughby said some protesters may be eligible for deferred prosecution, which can be offered to first-time offenders. In exchange for accepting responsibility, he said those people can perform community service to get the charges dismissed.

Other protesters may plead guilty while others may plead not guilty and push for a trial.

Based on the charges that were filed, typically trespassing and disorderly conduct, Willoughby said it’s unlikely the defendants would receive jail time. He said fines and community service are more likely.