Most Protest Cases Resolved Civilly; Some Insist on Criminal Proceedings

Almost six dozen arrestees from last night’s protest at Dewey Square appeared in the Boston Municipal Court today, with the vast majority of them accepting Suffolk prosecutors’ offers to resolve their cases civilly, a small number refusing that offer and insisting on criminal prosecution, and some being arraigned in the usual manner because of prior criminal records, Suffolk County District Attorney Daniel F. Conley said.

Of the 57 individuals charged with trespassing, unlawful assembly, or remaining in a park after 11:00 p.m., 49 assented to Assistant District Attorney Susan Terrey’s motion that their misdemeanor criminal charges be treated as civil infractions. That motion – which would leave them with no criminal record and end the proceedings today – was made after a review of the defendants’ history turned up either no criminal record or records of minor cases that ended in acquittal or dismissal, as well as an assessment that their behavior last night was non-violent. One additional defendant with a minor record was placed on 30 days of pre-trial probation. Judge Raymond Dougan, Jr. assessed each of them a $50 fine and their cases were closed.

Eight of those 57, however, refused the civil adjudication and instead insisted that the cases remain in criminal court. Those defendants were:

1. ROBERT BIRMINGHAM (D.O.B. 12/4/88) of Dorchester; and

2. PHILIP DARNAWSKY (D.O.B. 9/10/77) of Cambridge;

3. JULIAN TAYLOR EVANS (D.O.B. 11/17/82) of Brookline;

4. KAMAL GHAMMACE-NANSOUR (D.O.B. 1/26/90) of Oakland, CA;

5. CHRISTOPHER HICKMAN, (D.O.B. 12/11/87) of Haverhill;

6. ANTHONY MORRIS (D.O.B. 6/30/87) of Dorchester;

7. THEORDORE RHODES MURPHY (D.O.B. 1/25/93) of the Back Bay; and

8. KHURY PETERSON-SMITH (D.O.B. 5/9/82), of Dorchester.

All of the defendants offered civil adjudications were provided court-appointed attorneys with whom to discuss their options. The eight who refused to resolve their cases civilly and insisted on criminal prosecution chose to discuss their cases with members of the National Lawyers’ Guild, as well.

Based on their prior criminal records, which included repeated arrests for minor offenses up through state prison commitment for armed robbery, three others were not eligible for prosecutors’ offers of civil adjudications. Those defendants are:

1. STEPHEN CAMPBELL, 24, address unavailable;

2. RAFAEL ANTONIO FELICIANO (D.O.B. 11/14/87) of Mission Hill;

3. CHRISTOPHER FOYE (D.O.B. 10/12/83) of Quincy; and

4. JOHN PERNA (D.O.B. 5/23/75) of Worcester.

Judge Edward Redd dismissed an additional 14 cases over prosecutors’ objections, ordering each of those defendants to pay $50 in court costs.

The 12 defendants whose cases are being prosecuted criminally will return to court on Dec. 16. Additional arrestees are expected tomorrow and Thursday.