Incident

Incident Description

During a protest in support of Black Lives Matter on May 30th, 2020 thousands of Buffalo residents gathered at Niagara square against the persistent police violence and brutality both locally and across the county. In reaction to the righteous anger and residents expressing their first amendment rights, United States Marshals, Homeland Security Investigation Officers, Immigration Customs Enforcements Officers, Federal Protective Service Officers, New York State Police Officers, Amherst Police Officers, and Buffalo Police Officers lined up along the Federal Courthouse in head to toe riot gear standing shoulder to shoulder along the courthouse steps. Police shot "less lethal" rounds, tear gas, and mace at protesters.

At approximately 6:45 PM a protestor who was 18 years old at the time threw a water bottle at one of the officers in the face who was protected by riot gear, including a helmet with a shield. After a week of protests, a United States Marshal obtained body cam footage from Buffalo Police. Screen shots from the footage were provided to the Erie Crime Analysis Center. Those images were then run through facial recognition databases which identified the individual who threw the water bottle. A deputy United States Marshal then found the protester on social media and made the erroneous determination that because he had images of himself with a blue jacket and shoes he was associated with the Crips gang. The deputy also surveilled the protestors house and observed him enter and exit his house wearing the same backpack he wore during the May 30th protest.

Based this alleged act during the protest and the associated alleged evidence, a criminal complaint was filed against the protester for violation of Title 18, United States Code, Section 111(a)(1), for knowingly and forcibly assaulting, resisting, opposing, impeding, intimidating or interfering with a person designated in Title 18, United States Code, Section 1114 while engaged in on account of the performance of official duties and such acts involved physical contact with the victim.

The protestor pled guilty to a one count Misdemeanor Information charging the above violation. The protester served 7 months in custody and 1 year probation. He was also required to mental health treatment, substance abuse treatment, drug testing, and domestic violence program. Four month into supervised release, probation petitioned the District court for additional conditions of supervision. One of those conditions was electronic monitoring with a curfew of 8:00 PM. The protestor had to cover the cost for such monitoring and for the other treatment programs. The final condition imposed was the requirement to go to a halfway house for two month and obey the rules and regulations of the halfway house.