3 charged in connection with Salt Lake City protest could face life in prison

SALT LAKE CITY — Three people allegedly involved in a July 9 protest outside the Salt Lake County District Attorney’s Office have been charged with felonies that carry a gang enhancement that could be punishable by a life sentence.

Madalena Rose McNeil, 28; Marvin Oliveros, 39; and Richard Lovell Davis, 31, were charged Tuesday with criminal mischief, a first-degree felony, and rioting, a third-degree felony, according to documents filed in 3rd District Court in Salt Lake City.

The criminal mischief charges carry a gang attribute which elevates them to a first-degree felony, making each charge punishable by a sentence of at least five years and up to life in prison.

Utah criminal code states that offenses can be charged in such a manner if they relate to a criminal street gang or if they were committed “in concert with two or more persons.”

The three allegedly were participants in a protest seeking justice for Bernardo Palacios-Carbajal that took place July 9 outside District Attorney Sim Gill’s office at 35 E. 500 South in Salt Lake City.

The charges were met with criticism from many on social media.

Salt Lake City Mayor Erin Mendenhall pointed out that she has no authority over the criminal justice system and is not involved with charging or prosecuting people, but she criticized the charges.

"If a crime is committed, there should be a consequence, but that consequence needs to be proportioned to the crime itself," she said in a tweet. "And in this case where we're seeing the potential for an individual to spend a lifetime in prison for buying paint, that is too extreme. I don't agree with the extent and the potential of these charges and I hope that the criminal justice system won't take it that far."

In a statement Wednesday, Alliance For A Better Utah Executive Director Chase Thomas criticized Gill’s office for the charges, which he said could further erode trust between the public and law enforcement officials.

“In bringing exorbitant charges for low-level offenses against activists and organizers, the Salt Lake County District Attorney’s office, whether intentional or not, is sending a message to the public about the way it sees protests against police brutality. By choosing to bring disproportionate felony charges, District Attorney Sim Gill is reinforcing the narrative of an unjust, punitive criminal justice system that people have been protesting in the first place,” Thomas said.

Gill defended the charges Wednesday. He said he supports people who want to get out and protest, and has participated in protests himself. However, when people decide to commit criminal acts, they remove themselves from the protests and are no longer protected by the First Amendment, he added.

“I support protesters, I applaud protesters, I think it's a constitutional right,” Gill said. “This is not about protesters; this is about individuals who went beyond the protections of the First Amendment and decided to engage in criminal behavior.”

Protesters used paint, broke windows, police say

Palacios-Carbajal, 22, was shot and killed by Salt Lake City police officers on May 23 after police pursued him in connection with an armed robbery. He was carrying a gun during the pursuit. Before the protest on July 9, Gill presented findings ruling that officers were legally justified when they shot Palacios-Carbajal.

Protesters gathered that afternoon in front of Gill’s office, splattering the building with red paint and breaking several windows, according to police. Damage to the building is estimated to have exceeded $50,000, according to charging documents.

McNeil, a community organizer active with Salt Lake Valley COVID Mutual Aid, was seen in surveillance footage purchasing the paint at Home Depot before the protest, the charging documents allege. She was also seen loading the paint into a van that was registered to Oliveros, according to charges.

She is also accused of screaming expletives at police officers during the protest, charging documents state.

When an officer who was ordered to move forward approached McNeil, she “raised her hands and balled them up,” according to charges. She also “shifted her weight as though to slam into (the officer) with her body,” charges state.

The officer then blocked McNeil with his shield and pushed her back, according to the charges.

McNeil said Wednesday she feels the charges in her case were not appropriate.

"I do feel the charges are excessive — first-degree felonies are supposed to be for crimes like murder, rape and kidnapping. I’m potentially facing life in prison for allegedly purchasing paint, yelling at police and shifting my body weight," she said. "Regardless of anyone’s opinion on the protests or the tactics used, it should be concerning to everyone that the D.A.’s office is leveraging life in prison for such minor offenses."

She added that the gang attribute felt particularly punitive.

"Felony charges are serious enough on their own, but utilizing the gang enhancement to bring the charges up seems to be a clear message to protestors that they are considered criminal gangs in the eyes of law enforcement," she said. "It’s an almost ludicrous overreaction and feels specifically designed to shut down protest."

Oliveros is the older brother of Cody Belgard, a 30-year-old man who was shot and killed by Salt Lake City police officers in 2018.

Oliveros’s van was parked in front of the building during the protest, charging documents allege. After officers cleared protesters from the area, the van was still parked there, and an officer looked into the van and saw a ladder, paint rollers and buckets of red paint, according to the charges.

Investigators determined that in a live online video stream of the protest, Oliveros acknowledged that the paint supplies were in his van and said that he “will worry about that later,” charging documents allege.

Davis is accused of using a large metal pole to shatter three of the office building’s windows, charges state. He was with another protester, Emanuel Hill, at the time. Hill, 21, was previously charged with the same offenses as Davis.

It is not the first time a protester has been charged with gang-related offenses. At least one person was charged with “gang assault” after a protest occurred at a Utah Inland Port Authority meeting exactly one year before the Palacios-Carbajal protest.

District attorney defends charges

Gill said prosecutors in his office treat each case equally and file charges based on the scope of the law. They look at facts and evidence in each case and try to create a “descriptive reality” of what happened before filing charges, he said.

If a person's actions in a case fit the description of a criminal offense in a statute, it’s charged accordingly, he added. Lawyers in the district attorney’s office can’t pick and choose which cases to exercise discretion when filing charges, because that would create a “slippery slope” of bias within the office, Gill said.

Salt Lake police legally justified in killing Bernardo Palacios, DA says

After investigating the incident for more than six weeks, Salt Lake County District Attorney Sim Gill announced Thursday that his office found the May 23 shooting death of Bernardo Palacios-Carbajal by police was legally justified.

The law cited in the case of those charged Tuesday is meant to deter larger groups from committing crimes, whether they are affiliated with criminal street gangs or not, Gill said.

He said his office has been willing to investigate law enforcement officers who have been involved in fatal shootings, and have tried to criminally prosecute some officers, but to no avail. If people want to protest the way police shootings are investigated and call for tougher laws, that is an admirable cause, Gill added.

The charges filed Tuesday are in no way meant to have a chilling effect on future protests, he said.

The district attorney's office is currently looking for a prosecutor outside the office to handle the case moving forward, since it involves damages to the district attorney's own building, Gill said. However, it has been a struggle to find an outside prosecutor due to limited resources and budgetary concerns created by the COVID-19 pandemic.

4th person charged

A fourth person also was charged Tuesday in connection with the July 9 protest. Hurija Mustafic, 26, was charged with rioting, a first-degree felony, as well as two counts of assault on a peace officer, a class A misdemeanor.

Unlike the others charged Tuesday, Mustafic’s charges do not include gang enhancements.

An officer was at the intersection of 500 S. State Street and instructed a group of protesters, including Mustafic, to move back, according to charges. Mustafic refused, and then kicked the officer in the stomach, groin and legs, charges allege. She also grabbed the officer’s baton and shield, and the officer saw her kick another officer, according to the charges.

Mustafic’s attorney, Clint Venable, said Wednesday she went to the July 9 event to peacefully protest Gill’s finding regarding Palacios-Carbajal’s death. She is also a trained medic and went to the protest to render aid if needed, Venable said.

“All Ms. Mustafic wanted to do was to exercise her First Amendment rights,” Venable said. “She’s not a criminal, she’s a citizen just like the rest of us.”

He said police used “excessive force” at the protest and surrounded people in an aggressive manner.

Mustafic is a refugee from Bosnia and is a recipient of the University of Utah Dean’s List, Venable added.

Davis and Oliveros could not be reached for comment Wednesday.

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