Judge vacates trespassing cases against ASU pro-Palestinian protesters, but charges could still come

Dozens of pro-Palestinian protesters who were arrested last month on Arizona State University’s campus in Tempe had their cases vacated on Tuesday after ASU police did not refer them to Maricopa County prosecutors.

A judge ruled to dismiss the cases without prejudice, meaning the Maricopa County Attorney’s Office has up to a year to pursue the trespassing charges.

It's unclear why the ASU Police Department has not yet referred the cases. An ASU spokesperson said the campus Police Department "is in the process of submitting complete information regarding the arrests to the Maricopa County Attorney’s Office for its review and charging decisions."

A spokesperson for the County Attorney's Office told The Arizona Republic charges may vary per each case. The office has not received any of the cases from ASU, despite officials sharing different information previously.

"We’ll evaluate these cases as we do every case that comes into the office, including assessing whether there is a reasonable likelihood of conviction," spokesperson Jeanine L'Ecuyer said in an email.

The people arrested in April were still expected to appear for their originally scheduled arraignment on Tuesday in spite of the lack of charges. Attorney Zayed Al’Sayyed called the process a “grave deficiency” in the state’s criminal procedure process.

“Nobody should have had to have come here,” said Al’Sayyed, one of the attorneys representing the protesters. He is calling on county prosecutors to not pursue the charges later on.

Mike Colon, 41, a protester from April's encampment, left Tuesday's arraignment with a notice saying his case had been vacated. It advises that he could be summoned to return to court later if county prosecutors pursue charges.

Colon said he has advocated for Palestinian rights for more than two decades and attended the protests to call for divestment from Israel from both ASU and the American government. He criticized the court system and use of police force at April's protest.

"That whole show of force for what?" he said. "It's a waste of taxpayer money."

Late last month, 72 people were arrested after campus police officers said they gave multiple orders to pro-Palestinian protesters to vacate Alumni Lawn on ASU's Tempe campus. The protesters erected tents to form an encampment in support of Gaza, which was later forcibly removed late into the night.

At least 20 students were among those who were arrested. They are now facing an interim suspension as school officials investigate whether they violated the student code of conduct. Those suspensions are now the subject of a lawsuit, alleging students have been unfairly punished for expressing free speech.

One student who appeared on Tuesday, Breanna Brocker, said she hasn't been able to complete her exams this semester and as a result couldn't graduate with her peers last week. Brocker has appealed the decision from the university but has not yet heard back, she said.

"I was standing up for what I believe in," Brocker said. "I truly thought ASU would stand with me."

Al’Sayyed said the arrested protesters will still have Tuesday's cases appear in any background check done since they were dismissed without prejudice.

"That is a grave, irreparable harm that was caused by the state," he said.

Placed on leave: ASU police chief under investigation for handling of pro-Palestinian protest

Helen Rummel covers higher education for The Arizona Republic. Reach her at hrummel@azcentral.com. Follow her on X, formerly Twitter: @helenrummel.

This article originally appeared on Arizona Republic: No charges yet for ASU protesters, but they could still come