Imagine you’re a police officer who is stepping in to help a local police department quell civil unrest, the kind of unrest that’s been a nightly occurrence for weeks upon weeks. Now imagine that the local district attorney decides he’s not going to prosecute people you arrest for injuring your fellow officers because he says it’s your own faults they did it.
How would you respond?
My guess is that you wouldn’t be too inclined to help.
For what it’s worth, that was the official position of the Oregon State Police last week.
The Oregon State Police is ending its agreement to help Portland police protect the Hatfield Federal Courthouse, the scene of many of the protests over the past 76 nights.The 2-week agreement was struck between Gov. Kate Brown and Vice President Mike Pence to get federal officers out of Portland after weeks of violent confrontations with protesters. But the violent protests are back and there is a growing split over whether those arrested will be charged.KOIN 6 News learned the reason they’re ending their agreement is because they are angry over new Multnomah County District Attorney Mike Schmidt’s decision not to prosecute most of those arrested.Since the protests began in Portland more than 75 nights ago, more than 500 people have been arrested. So far, less than 50 are being prosecuted.In a statement, the Oregon State Police said:“The Oregon State Police is continually reassessing our resources and the needs of our partner agencies and at this time we are inclined to move those resources back to counties where prosecution of criminal conduct is still a priority.”Asked if OSP troopers would be pulling out of Portland immediately, officials told KOIN 6 News the answer is yes.
Whether or not you agree with the DA's decision, it is a great example of prosecutorial discretion, which I discussed here with respect to enforcement of NM gun law.
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