'Tally 19′ protester found not guilty of battery on law enforcement officer, guilty of resisting arrest - WCTV

TALLAHASSEE, Fla. (WCTV) - A jury has found Ben Grant not guilty of felony battery on a law enforcement officer and guilty of misdemeanor resisting arrest without violence.

The jury deliberated for about 20 minutes before returning this verdict. Grant was the lone Tally 19 protester facing a felony in connection to last September’s Black Lives Matter protest in the Capital City.

The judge has sentenced Grant to one day in the Leon County Jail, 11 months of probation, including anger management courses, and 100 hours of community service. He will also have to pay a $445.10 fine.

Grant told WCTV he was elated about the not guilty verdict for the felony charge. He and his attorney, Mutaqee Akbar, say the case will have far-reaching implications for protests and First Amendment rights.

“It will probably have an effect both ways for some people,” he said. “There will be people that look at my situation and see that I’ve spent the last 14 months with this hanging over my head. I don’t wish that upon anybody. But at the same time, through all of this, we won. We came out victorious, and it shows that despite their best efforts to tamp our movement, to silence our voices, they can’t win.”

Find earlier updates from Tuesday’s court session below.

TALLAHASSEE, Fla. (WCTV) - A jury began deliberating in the trial of Tally 19 protestor Ben Grant around 4:45 p.m. Tuesday. Grant is the single protester facing a felony after the Sept. 5, 2020, Black Lives Matter protest in the Capital City.

Grant began his testimony around 2:20 Tuesday afternoon.

He said his role during the protest was as a “safety marshall,” wearing a high visibility vest. He testified that there were about seven, some carrying backpacks with water or first aid supplies.

Grant said he was not near the car when Brown exited the vehicle, but he began moving toward the area when people were on the ground.

“People were being pushed down,” he said. “I saw the police being really forceful with protesters. I saw a person being dragged by their hair.”

Grant said he grabbed onto the first person in front of him, Regina Joseph.

He testified that an officer was trying to break his grip, and he would move his hand back every time the officer would pull it off.

“Do you recall the officer testifying to pulling your finger back?” Grant was asked while on the stand.

“Yes, I recall that testimony,” Grant replied.

“Did that happen?” his attorney, Mutaqee Akbar, asked.

“No sir,” Grant replied.

When he was asked if he saw a video showing anything like that happening, Grant said no.

During cross examination, the prosecutor asked about Grant’s role as a safety marshall. He testified that it included encouraging protesters to stay off the street and follow the directions of law enforcement.

Grant responded “yes,” when the prosecutor questioned that during Joseph’s arrest, he believed what the police were doing was wrong and he wanted to interfere.

“You chose to not obey what they were trying to do, which was get her away from you?” she questioned.

“I chose to act on what I felt was her safety that day,” he replied.

Akbar’s final question to Grant was about how he trims his nails.

“I keep my nails pretty short,” Grant said.

TALLAHASSEE, Fla. (WCTV) - The trial is underway Tuesday for Benjamin Grant, a member of the “Tally 19″ Black Lives Matter protesters arrested by Tallahassee police in September 2020.

Grant is the lone protester charged with a felony, battery on a law enforcement officer, after the group was arrested for interfering with law enforcement, refusing to comply with instructions from police, and blocking a street.

Prosecutors allege Grant scratched and clawed at a Tallahassee police officer while Grant was trying to keep another protester from being arrested. Three Tallahassee officers testified before the state rested its case.

The first witness was TPD Officer Dustin Roeder. He described the scene on September 5th, 2020. Roeder said he was in uniform on his agency-issued motorcycle and initiated the traffic stop of protester Trish Brown.

Roeder spoke about protester Regina Joseph trying to reach through the passenger-side window to Brown to reach her, and he said he separated the two.

The state’s second witness was TPD Sergeant Robert Varble, who has worked for the department for more than 22 years. He is currently the Special Events Coordinator, but at the time of the arrest he was in charge of the motorcycle unit.

Sergeant Varble also spoke about the situation with Brown, trying to pull her vehicle over. He testified that he instructed her to pull around the corner for safety reasons.

During cross examination, Akbar asked how many cars Brown was impeding.

Varble testified that he did not have an exact number, and that there is no minimum speed posted on Monroe Street. However, he said the issue is addressed by Florida statute.

“Impeding traffic, or go slower than, I believe it’s 10 miles an hour below the speed limit,” Varble said.

“That’s in the statute?” Akbar asked.

“I believe it is,” Varble replied.

“What’s the statute number?” Akbar followed up.

“I don’t recall off the top of my head,” Varble said.

“Aren’t you the traffic sergeant?” Akbar asked.

“Not anymore,” Varble said. “I was at the time.”

During redirect, the prosecution confirmed Varble’s goal was to give the driver of the vehicle a citation, an action that was made difficult or impossible by the group of protesters.

The state’s final witness was TPD Detective Cyrus Underwood, who has worked at the department for more than 29 years. He is a traffic homicide investigator and motor officer.

Underwood was the officer Grant alleged scratched and clawed at.

Underwood testified that after the traffic stop of Trish Brown, TPD identified Regina Joseph to be taken into custody for impeding the traffic stop. He said Joseph was on the ground being covered by other people, including Ben Grant.

Underwood said he tried to break Grant’s grasp to get to Joseph, saying they went back and forth several times.

“It was hot, it was sweaty. I kept grabbing that and trying to get loose, doing this without any injury,” he said.

Underwood said he then chose to use a “pain compliance technique,” pulling one of Grant’s fingers back toward his outer arm. He testified that that was when Grant clawed at him with his other arm.

During cross examination, Akbar pointed out that no video shows Grant scratching Underwood.

Akbar also asked Underwood whether that was the only scratch he received that day. When Underwood said not that he remembered, Akbar showed a body camera video with a scratch on the back of Underwood’s finger.

“Is that blood?” he asked.

“It could be,” Underwood replied.

Underwood testified that he did not know where that scratch came from, but he confirmed it preceded any interaction with Grant.

Akbar then turned to the photo of Underwood’s scratched arm. Underwood initially testified that it was taken at the Tallahassee Police Department.

After taking a closer look at the photo, he testified that it was actually taken at his house.

“Is it possible that something else scratched you?” he asked.

“No,” Underwood replied.

“It’s not possible at all?” Akbar followed up.

“No, it was his hand,” Underwood said.

During redirect, Underwood told the prosecution that he did not believe the scratch was accidental.

“As many times as you can see in the video where I’m trying to break his grip, I didn’t get scratched. It wasn’t until I tried using pain compliance to get him to let go completely, that I got scratched,” Underwood testified.

Grant is set to take the stand Tuesday afternoon in his own defense. The trial is set to wrap up and go to the jury by the end of the day Tuesday.

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source: https://www.wctv.tv/2021/11/02/trial-underway-tally-19-protestor/

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