PHILADELPHIA (AP) — The first of five Pennsylvania high school protesters detained for days after a scuffle with an older man who turned out to be the local police chief entered a probation program designed to avoid a criminal record.
Three more Quakertown teens postponed juvenile court hearings in suburban Bucks County on Friday, while attorneys for a fifth teen want assault charges dropped entirely.
“I think it’s absolutely shameful that these kids are being persecuted for protesting and expressing themselves,” attorney Ettore “Ed” Angelo said during a Friday afternoon hearing for his client, a 15-year-old girl.
The teenagers, mostly children of color, were detained for four to eight days and placed on house arrest for a month with ankle monitors after the Feb. 20 riot. The police response to anti-ICE protests, captured on video, led to a heated town meeting in predominantly white Quakertown, where the 72-year-old police chief, who also serves as district manager, has gone on medical leave.
Angelo’s 80-pound client was charged with a felony for punching the stocky Police Chief, Scott McElree, in the shoulder as he put his arms around another teenage girl’s neck and fell to the ground with her. McEary is under investigation by county prosecutors but remains the designated victim in the juvenile case. Angelo wants more time to investigate before weighing any potential settlement options.
“These kids are taught that we have two systems of justice. One system is for those who have power and wealth. The other system is for those who don’t have power and wealth,” he said.
Students at Quakertown Community High School had planned to hold a school-sanctioned walkout against U.S. immigration enforcement policies, like other events held across the country this year, but the school canceled the plan due to safety concerns. About 35 students began a one-mile march around town. Defense attorneys say other students with opposing views followed and harassed them.
Video posted on social media showed about 10 people gathering outside a bakery when McEary, who was wearing street clothes, broke into the fight. Some students fought with him as he put his arms around the girl’s neck. She was one of the teenagers whose case was postponed on Friday.
They were both charged with felonious assault and lesser charges because of McEary’s position. Some residents called for his resignation in emotional town meetings and in petitions circulating online.
McEary has not responded to messages left last month at his home and office, and his attorney did not immediately return a message seeking comment Friday. A spokesman for District Attorney Joe Khan said only that the investigation into the police response was ongoing.
The high school junior, whose name has not been released, was placed on probation Friday and the arrest will be expunged if he completes six months of probation. His attorney, Donald Suders, said he was the child of immigrants to the United States and wanted to join the military. His glasses were shattered in the melee and he was detained for four days while attempts were made to remove glass particles from his eyes.
Souders said the case reflected the bitter discord in American society. He said that instead of de-escalating the situation, the police “intensified the situation.”
“These kids had enough guts and courage to go out and protest,” Suders said Friday. “The police chief was obviously there watching the protests along the way. He did nothing to stop the counter-protesters who were harassing (them), using racial slurs, using veiled threats against the kids. He did nothing.”
Quakertown is located approximately 40 miles north of Philadelphia.
