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[kame-sennin]

An Occupy Wall Street activist is facing up to seven years in prison after being convicted by a jury in Manhattan of assaulting a New York police officer as he led her out of a protest.

Cecily McMillan was on Monday afternoon found guilty of deliberately elbowing Officer Grantley Bovell in the face in March 2012. After a trial lasting more than four weeks, the jury of eight women and four men reached their verdict in about three hours.

Judge Ronald Zweibel ordered that McMillan, 25, a graduate student at the New School, be detained. He rejected a request from her lawyers for bail.

McMillan was found guilty of intentionally assaulting Bovell in order to “prevent him from performing his lawful duty”. Her conviction is the most serious of the dozens against members of the protest movement, which sprang up in the autumn of 2011. Hers is believed to be the last of more than 2,600 prosecutions brought against members of the movement, most of which were dismissed or dropped.

Prosecutors accused McMillan of attacking Bovell, 35, as he walked her out of Zuccotti Park, in lower Manhattan, where activists had gathered on the night of 17 March 2012 to mark six months of the Occupy movement.

The police officer's account:

Assistant district attorney Erin Choi told the court last month that Bovell was walking behind McMillan with his hand on her shoulder. McMillan asked people around her “Are you filming this?”, said Choi, and then “crouched down, then bent her knees, and then aimed her elbow at the officer and then jumped up to strike”.

“Officer Bovell was completely horrified,” said Choi. “This was the last thing he was expecting to happen that day.” Photographs showed that Bovell suffered a black eye. He said that he went on to experience headaches and sensitivity to light.

McMillan's account:

McMillan claimed that she swung her arm back instinctively only after having one of her breasts grabbed from behind while she was walking out of the park. Her lawyers showed photographs of bruising to her chest to support this. They said McMillan did not know that Bovell was a police officer, and did not intend to hurt him.

Stolar told the jury that on a “day off from protest”, McMillan became caught up in the chaotic scenes at Zuccotti Park, after she stopped by to collect a friend to continue St Patrick's Day celebrations with a friend visiting from out of town, which saw her dressed in bright green.

Testifying, McMillan said that she had “no memory” of the moment her elbow struck Bovell. “I’m really sorry that officer got hurt,” she said. She has said that she suffered a seizure or anxiety attack after being arrested, a claim supported by activists who say they saw her convulsing on the pavement, and subsequently received treatment for post-traumatic stress disorder.

http://www.theguardian.com/world/20...ily-mcmillan-guilty-assaulting-police-officer

Trial juror describes shock at prison sentence:

Finally freed from a ban on researching the case, including potential punishments, some were shocked to learn that they had just consigned the 25-year-old to a sentence of up to seven years in prison, one told the Guardian. “They felt bad,” said the juror, who did not wish to be named. “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.”

http://www.theguardian.com/world/2014/may/06/cecily-mcmillan-juror-occupy-activists-jail-sentence

When the police moved in to the park that night, in formation and with batons, to arrest a massive number of nonviolent protesters, the chaos was terrifying. Bovell claimed that McMillan elbowed him in the face as he attempted to arrest her, and McMillan and her defense team claim that Bovell grabbed her right breast from behind, causing her to instinctively react.

But the jury didn't hear anything about the police violence that took place in Zuccotti Park that night. They didn't hear about what happened there on November 15, 2011, when the park was first cleared. The violence experienced by Occupy protesters throughout its entirety was excluded from the courtroom. The narrative that the jury did hear was tightly controlled by what the judge allowed – and Judge Ronald Zweibel consistently ruled that any larger context of what was happening around McMillan at the time of the arrest (let alone Bovell's own history of violence) was irrelevant to the scope of the trial.

In the trial, physical evidence was considered suspect but the testimony of the police was cast as infallible. Despite photographs of her bruised body, including her right breast, the prosecution cast doubt upon McMillan's allegations of being injured by the police – all while Officer Bovell repeatedly identified the wrong eye when testifying as to how McMillan injured him. And not only was Officer Bovell's documented history of violent behavior deemed irrelevant by the judge, but so were the allegations of his violent behavior that very same night.

http://www.theguardian.com/commentisfree/2014/may/05/cecily-mcmillan-occupy-guilty-police-violence

 

[XenodudeX]

Are they really going to throw her in jail for 7 years for elbowing some cop?

 

[lenovox1]

Are they really going to throw her in jail for 7 years for elbowing some cop?

Who knows. She hasn't been sentenced yet.

 

[delirium]

Are they really going to throw her in jail for 7 years for elbowing some cop?

No. From the article:

An Occupy Wall Street activist is facing up to seven years in prison

From what I understand, this is just a trial for a guilt/not guilty. Sentencing happens afterwards.

 

[Delta Assault]

He shouldn't have tickled her.

 

[smokeandmirrors]

That poor cop how did he ever survive that ordeal?!

 

[Fenderputty]

That poor cop how did he ever survive that ordeal?!

I mean those look like some sharp elbows.

 

[dark_chris]

I mean those look like some sharp elbows.

I see what you did there

 

[delirium]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

 

[empty vessel]

How many police officers have been convicted so far?

That pretty much looks like assault to me.

Looks like suppression of fundamental political activities to me.

 

[lenovox1]

Looks like suppression of fundamental political activities to me.

Not relevant. The only thing relevant when it comes to this charge and her conviction is did she or did she not assault a police officer at that particular time on that particular day. (Taking everything you've said and the article has said into account, though, she's getting time served. That's the most she'll see inside a jail cell unless she's convicted for something else.)

 

[saelz8]

Common sense, 101. Even if the POPO are fucking you up, or treating you like shit, you take it. They will get away with it, even if you're justified. You can't win.

 

[Guevara]

Common sense, 101. Even if the POPO are fucking you up, or treating you like shit, you take it. They will get away with it, even if you're justified. You can't win.

That's the burden of being a political agitator. I agree. Not saying it's right.

 

[CountAntonius]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

See ya. That was a really stupid move.

 

[ThreePiMatt]

An elbow to the eye is a fucking elbow to the eye. You don't need to bee a 250 lbs man to cause serious and permanent damage. She won't get the full seven years but she looks guilty as fuck in that video.

 

[newdayrocks]

Based on that video, that's pretty blatant assault, no matter what her reasoning.

 

[Angry Grimace]

No. From the article:



From what I understand, this is just a trial for a guilt/not guilty. Sentencing happens afterwards.

She is not going to get 7 years.

 

[DUFFMCWALIN]

Looks like suppression of fundamental political activities to me.

You don't elbow someone in the head like that. Come on now.

 

[see5harp]

She is not going to get 7 years.

.

 

[Rest]

Looks like assault to me, so I have no qualms with the verdict. The cop also didn't let her go after being elbowed, that bruise could be from him holding on to her after she tried to bolt away from him.

 

[kame-sennin]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

In this video, the only thing you can clearly make out is the defendant's bright green dress. There's no way to conclude whether she saw who she struck, or whether she was violently grouped, or whether or not she was surprised. The policemen around her are dressed in black. With the incredibly low quality of the video, we have no way of knowing what they're are doing to her and if her movements are spontaneous or not. I think it's intentionally misleading to use a video in which can only clearly make out the movements of one individual.

 

[Delta Assault]

The video's quality is poor enough that you can't even tell whether or not his hand is around her boob.

But even if it was, you have to imagine it's purely incidental contact. Cause even if the cop was some perv, you can't even really feel anything while wearing riot gear gloves. And it's right in the middle of a riot in progress... who's gonna be horny enough to try that while being in a throng of hostile people all jostling and cursing and spitting at you?

 

[kame-sennin]

How many police officers have been convicted so far?

The brutal beating she received moments after the video ends, along with the many beatings suffered by protesters that day, won't be punished at all of course. Police brutalizing citizens is totally accepted. A citizen accidentally flinging an elbow at police officer, on the other hand, is a national tragedy.

 

[NullPointer]

If there was justice she'd get no more than a paid suspension.

 

[pje122]

Oh man I remember those OWS threads... good times, good times.
Whatever happened to that Fork guy?

 

[nateeasy]

Thread title is a little misleading. Imho

 

[daman824]

She doesn't deserve seven years but she definitely elbowed the guy hard.\

Wait....was she already sentenced or not? Thread title is misleading if not.

 

[EatinOlives]

Based on that video, that's pretty blatant assault, no matter what her reasoning.

So what'll happen to the dozens of officers who deliberately assaulted and beat protesters? I assume similar sentences?

 

[.GqueB.]

In this video, the only thing you can clearly make out is the defendant's bright green dress. There's no way to conclude whether she saw who she struck, or whether she was violently grouped, or whether or not she was surprised. The policemen around her are dressed in black. With the incredibly low quality of the video, we have no way of knowing what they're are doing to her and if her movements are spontaneous or not. I think it's intentionally misleading to use a video in which can only clearly make out the movements of one individual.

Even so... it was a dumb move on her part. Like clearly dumb.

 

[CountAntonius]

So what'll happen to the dozens of officers who deliberately assaulted and beat protesters? I assume similar sentences?

Do you agree with what she did?

 

[Jenov]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

Yep, she elbowed him in the face hard. I seriously doubt she'll get 7 years though, that's just the max of what could be given.

 

[EatinOlives]

Do you agree with what she did?

That doesn't answer my question. Will everyone be punished equally?

 

[CountAntonius]

That doesn't answer my question. Will everyone be punished equally?

You're not answering mine and what the thread is about.

 

[jimi_dini]

Are they really going to throw her in jail for 7 years for elbowing some cop?

No, I guess they throw her in jail for 7 years to send a message.

 

[kame-sennin]

Common sense, 101. Even if the POPO are fucking you up, or treating you like shit, you take it. They will get away with it, even if you're justified. You can't win.

According to McMillan, she did not know it was an officer who was grouping her. I would imagine that any woman who was aggressively grabbed on her breast would flail instinctively. I've seen word shit in the NBA.

Also, the cop's story is fucking ludicrous:

Bovell was walking behind McMillan with his hand on her shoulder. McMillan asked people around her “Are you filming this?”, said Choi, and then “crouched down, then bent her knees, and then aimed her elbow at the officer and then jumped up to strike”.

So a small, 25 year-old girl is going to ask if she's being filmed, then leap up and deliver a flying elbow to a cop's face while she is surrounded by hundreds of cops giving out viscous beatings?

 

[EatinOlives]

You're not answering mine and what the thread is about.

Physically assaulting an officer is ill-advised. I certainly would never do it, as assault is assault in court and context won't be looked at.

Now that I answered your question, you answer mine.

 

[IdreamofHIME]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

Not 7 years guilty, but guilty.

 

[SDBurton]

She is not going to get 7 years.

.

 

[CountAntonius]

Physically assaulting an officer is ill-advised. I certainly would never do it, as assault is assault.

Now that I answered your question, you answer mine.

Of course not. Cops are protected. People aren't for the most part.

 

[Delta Assault]

Not 7 years guilty, but guilty.

Doing something to a cop will get you more punishment then doing something to a regular person. Same reason killing a cop oftentimes comes with a death penalty sentence, instead of life imprisonment.

 

[Lowmelody]

Boy I wonder who the police force is actually conditioned to 'serve and protect'. Sigh.

 

[DUFFMCWALIN]

That doesn't answer my question. Will everyone be punished equally?

That isn't what the thread is about (Yes they deserved to be punished as well).

 

[nateeasy]

#occupyelbows

 

[EatinOlives]

Of course not. Cops are protected. People aren't for the most part.

Yep, which highlights the appalling situation on the whole ordeal.

The worst part of OWS was the merciless brutality shown on a daily basis from the police who knew full well they would never get the repercussions they knew they deserved. Once the protests got any traction it was honestly pretty shocking to see how brutally they were silenced because, well, they actually got traction.

This outcome is unfortunately not surprising, but is still truly shameful.

 

[Kinyou]

http://on.aol.com/video/video-shows-woman-elbowing-officer-in-the-face-during-ows-protest-518201788

Video for those that care. That pretty much looks like assault to me.

Does indeed look like she did that intentionally. 7 years would be crazy though.

 

[Dot Matrix]

Amateur. She should have looked him in the eye and told him that her elbow was getting ready to fuck him up, called some of her buddies over and proceeded to beat him to death on camera while he cried out for his father.

She wouldn't see a day inside a jail cell that way.

 

[lenovox1]

In this video, the only thing you can clearly make out is the defendant's bright green dress. There's no way to conclude whether she saw who she struck, or whether she was violently grouped, or whether or not she was surprised. The policemen around her are dressed in black. With the incredibly low quality of the video, we have no way of knowing what they're are doing to her and if her movements are spontaneous or not. I think it's intentionally misleading to use a video in which can only clearly make out the movements of one individual.

So you're saying, as the jury decided, she assaulted someone. All of the little incidentals you mention are irrelevant, supposition, or hearsay when it involves to the question of whether or not an assault committed by the accused took place.

Hopefully, the things you mention, as well as testimony regarding her character and her status in her community, will be brought up in her sentencing hearing.

 

[NH Apache]

That is truly a dumb act. She'll serve months unless the judge decides to make an example.

I agree with tge judge that the officer's past has nothing to do with this. Imagine losing even part of your vision, how much that would suck.

 

[docbon]

Amateur. She should have looked him in the eye and told him that her elbow was getting ready to fuck him up, called some of her buddies over and proceeded to beat him to death on camera while he cried out for his father.

She wouldn't see a day inside a jail cell that way.

I mean, I get it. But that's pretty rough.

 

[Enron]

yeah, there's no way she's getting 7 years. Also nice misleading thread title there.