Beth Walton

bwalton@citizen-times.com

ASHEVILLE - Police turned to social media to identify protesters they say were impeding traffic last week, scrolling through photo albums on Facebook to find offenders.

Officers with the Asheville Police Department began hand-delivering citations to more than 20 activists Wednesday, nearly one week after protesters took to the streets and shouted injustice in the wake of an officer-involved shooting that left a black man dead.

Demonstrators had not obtained a permit and the city was unable to provide advance notice about route delays or traffic disruptions, said Christina Hallingse, spokeswoman for the Asheville Police Department. There were a large number of public complaints, she said.

On July 21 protesters rallied and marched throughout downtown before holding a sit-in at the police department. The demonstrations were part of a national call to action for the "Black Lives Matter" movement.

By Thursday afternoon, police had identified 23 people they planned to cite, Hallingse said. The most common charge is impeding the flow of traffic.

Asheville Police Department will continue to identify and cite all offenders, she said. Police are issuing the tickets in person as required by law.

On Friday afternoon Hallingse confirmed seven citations had been issued.

"The Asheville Police Department strongly supports and respects the constitutional right of individuals to practice their freedom of speech and protest, and we have demonstrated that respect throughout this process," she said. "Individuals are not entitled to conduct themselves in a manner that is unlawful and infringes on the rights of others."

Jai "Jerry" Williams, 35, was shot and killed by Sgt. Tyler Radford on July 2. The incident occurred amid national outcry over what top federal officials have called "systemic" problems between police and minority communities.

Authorities have said Williams had an AR-15 rifle and posed a threat to officers. Witnesses have questioned whether the police’s lethal use of force was necessary. Some say Williams never pointed his gun at officers. Others dispute he had a weapon at all. Photos from the scene show Williams’ body next to what appears to be a black rifle.

At the time of the incident, Asheville police officers were not equipped with body cameras and Radford’s patrol car did not have an in-car camera. Radford has been put on paid leave pending an investigation by the SBI, a standard practice in shootings involving police.

Demonstrators are being identified through publicly available information, such as Facebook, Hallingse said. "We use multiple sources to identify people and corroborate information," she said. "It is not uncommon to use Facebook as one piece of that process."

Protesters are also being recorded, though Hallingse could not say if that footage was being used to identify activists.

"Our building security cameras were on, as they are at all times, and as a result did film the demonstrators in our lobby area," she said.

"Any officers who were present and equipped with body cameras did film their interactions with the public per our Body Worn Camera policy."

It is not uncommon for law enforcement to issue citations after the fact, she said. Officers may need time to identify those involved, law enforcement may need to consult with the district attorney, or there may be concerns for an officer's safety.

"At the time of the unpermitted march the Asheville Police Department’s primary goal was focused on utilizing available resources to attempt to keep the group moving as quickly as possible in order to minimize the disruption to the public," Hallingse said.

A citation for impeding the flow of traffic, NCGS 20-174.1, comes with a mandatory court cost of $188, said Cory Alexander, a deputy clerk at Buncombe County Court. A judge can also add an additional fee, he said.

"Our intention was never to block traffic," said Holly Roach, an activist with the group Showing Up for Racial Justice. "The times we were stopped were when there were red lights."

Roach led the march on July 21, driving through the downtown streets in her red Prius.

The car's sound system was how activists were spreading their message, including remarks from the mother of the deceased, she said.

Police officers never issued a directive to move to the sidewalk, Roach said. If they had, activists would have complied, she added.

Videos posted to YouTube show protesters blocking roads and harassing drivers. Roach said those demonstrators weren't part of her group and that they had no knowledge of their action until after the fact.

Roach received a $218 infraction Wednesday. It was intimidating when two officers came to her door and asked her to step outside, she said.

The issuing of citations brings up questions about citizen surveillance and the use of city resources, Roach added. "It really sends a message to the people who are protesting that we're being watched and it feels like a violation of our First Amendment right."

Last week Asheville police arrested six protesters and one journalist during the related sit-in at the downtown station. Law enforcement allowed protesters to stay at the facility for over 24 hours before making the July 22 arrests.

Asheville city councilman Cecil Bothwell, who chairs the public safety committee, expressed concern over the police department's actions on Thursday.

“When people engage in civil disobedience to raise awareness about a cause they reasonably risk arrest. However, retroactive citations based on identification of participants via photographic or video images raises the specter of a police state," he said. "I simply cannot support that approach to enforcement.”

Friday afternoon council members Brian Haynes and Keith Young joined Bothwell expressing their concerns. In a joint statement the three councilman called the move by police a "faux pas."

"From our viewpoint we don't see how this action can be fruitful moving community relations forward," they said.

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