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Attorney says police targeted San Luis Obispo protest leader

September 17, 2020

By CCN STAFF

Attorneys for San Luis Obispo BLM protest leader Tianna Arata are seeking to have her charges of disturbing the peace, obstruction and false imprisonment dismissed, asserting her actions are protected under the First Amendment and that she is a victim of targeting.

Arata appeared in court for the second time Thursday morning. And again, Judge Matthew Guerrero continued her arraignment hearing, this time so the defense can file a demurrer. If the pleading is approved by the judge, the case will be tossed.

Shortly afterwards, Arrata attorney Patrick Fisher filed the pleading which asserts Arrata did not know that what she was doing was wrong, and that “imposing criminal liability would severely chill lawful assembly and freedom of speech.” In addition, Fisher claims former SLO police chief Deanna Cantrell targeted Arata because she “is an outspoken and charismatic young Black woman,” according to the pleading.

“Chief Cantrell retaliated against Tianna to cover for Cantrell’s incompetence and tried to turn Tianna into felon, recommending multitude of felony charges and defending those recommendations in the media,” according to the pleading. “The arrest and prosecution of Tianna is not even remotely ethical.”

Earlier this month, prosecutors charged Arata with 13 misdemeanors: one count of unlawful assembly, one count of disturbing the peace, six counts of obstruction of a thoroughfare and five counts of false imprisonment. Arata has yet to enter a plea in the case.

On July 21, Arata led approximately 300 protesters onto Highway 101, blocking all lanes in both directions for nearly an hour. While on the highway, protesters blocked drivers trying to exit the freeway, including a father attempting to take his pregnant daughter to the hospital.

In one incident on the highway, a protester threw a skateboard at the back window of a car. The window shattered, with pieces landing on a 4-year-old boy, who was unharmed. Protesters claim the driver had hit a protester.

On Thursday, Arata appeared in court on a Zoom conference call with attorney Patrick Fisher, who said he planned to file the demurer later in the day.

Fisher made the announcement a day after the San Luis Obispo Police Department announcing it had cited two Black Lives Matter protesters for obstructing traffic. The citations stem from an incident in which protester blocked traffic while they demanded prosecutors drop all charges against Arata.

Unlike her first court appearance, on Thursday protesters did not rally outside the courthouse. Judge Guerrero scheduled the next court hearing for Oct. 22.


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Tianna Isis Arata was well aware of her actions that afternoon. Now playing the poor me card is ridiculous. She should be very thankful that our DA, in his poor judgement, is not charging her with any felonies.


117

Dan Dow exercised professional judgment. The facts are simply not sufficient to support a charge of felony false imprisonment, which was the only conceivable felony in this case. It would have been unprofessional to over-charge.


-11

Nothing “poor” about Dow’s judgement…


7

“…Arrata (sp) did not know that what she was doing was wrong….” I’m surprised Tianna’s lawyer didn’t blame the education system for fast tracking her into Poly without being able to read and comprehend the on-ramp sign “PEDESTRIANS BICYCLES MOTOR-DRIVEN CYCLES PROHIBITED”. The rest of the protesters including Michelle Arata also failed the CalTrans reading and comprehension test.


131

Your on to something. The education system failed as usual. They have been indoctrinated, not at all educated in reality, and taught that they don’t have to be responsible or accountable for there actions. It’s always someone else’s fault. Mostly the White man and Christianity. Tiana and the rest of her movement the are the results of the failed education system. They bought in to the lies and deceitful ways of educator’s.


Also very humorous to see her attorney referring to ethics as a defense. There is nothing ethical about Tiana, Patrick Fisher, or blm. They are all the exact opposite.


21

So are we forgetting the Cal Poly football quarterback that was there blocking the freeway? He challenged a pregnant women trying to get to the hospital! CP et.al. are protecting him for sure.


58

She needs to be in jail. She threatened business with violence.


88

The first thing one learns in criminal law is that “not knowing your actions are against the law” is not defense. How is this even brought up in a real court proceeding – zoom meeting or otherwise.


115

Trump AND, Trump Jr. Used the “they didn’t know” defense for the Moscow Tower meeting. It’s an absolute fact, but they don’t matter. This’ll be attacked and mocked even though they say what a patriot they are.


-97

What law did they break? No foreign help occurred though there was anticipation of it. Mueller declined pursuing charges for collusion which requires financial benefit. Conversely, Hillary’s cronies paid for and got Russian and Steele (a foreign national) help in form of the dossier. Another case of projection by the left.


30

What else would her attorney say? He’s in this for the big haul, uh, I mean long haul. People are tired of their lies, threats, and all the nonsense so they’ve gotta find another pay day. You watch, the character attacks are next. Please, either be proud of what you’ve done and own up to the consequences or, for heavens sake, go back to school, find a hobby, or get a puppy. Finally there’s many people in the county that could use help with all kinds of needs.


91

1. The demurrer will fail but the point of the defense motion is to delay and cause time and money to be expended by DA to respond. In litigation, it is a common tactic to file motions and discovery in an attempt to wear down the opposing side and run out resources;

2. Tianna’s claims that she did not know better are overcome by the fact that video evidence shows her receiving a text from Deanna Cantrell during the protest about the problems. Instead of showing any care or compassion for those who were harmed (ie. “the baby in the backseat” when glass showered down on them after the car window was broken, as described in Cantrell’s text), Tianna responds, “F#<& you, Dianna.";

3. AFTER receiving the text from Chief Cantrell, Tianna ran to the intersection of Chorro and Pacific, blocked another car from moving forward and hit the car with her flagpole, damaging it. A reasonable person would know that isn't "right";

4. Ignorance of the law is no excuse;

5. There are victims in this case including drivers she stood in front of to block their free movement and diners at Guiseppe's who had to listen to her screaming "F#<& your comfort!" The evidence is on videotape that Tianna created herself! She does not have the right to obstruct justice for those who were harmed.


161

Agree the Demurrer, is just a delay tactic rarely is a “D” ever filed in a Criminal Case mostly Civil which i hear is coming soon by people effected by there riots, thefts, damages, loss of wages, etc. several people have now hired a Major Law Firm to file suit against Tianna and others including her lawyers.


The lawyers are in it for $$$ free publicity and fame ? Jail her Now.


37

1.) You can’t wear down the govt in terms of $$$ expended. You can only do so in a political sense.


3

Tianna, here are a few other things you may not know. Do not stick a fork into an electrical outlet, Boiling water is hot and may burn you. Do not use a hair dryer in the shower. Do not have an open flame near gasoline. Do not mix ammonia and bleach. Oh and don’t run into traffic.


79

The police targeted the leader of the protest?…..good…good police work if you ask me….who else are they going to target?…


141

For someone who’s supposed to be so smart, this girl is really dumb if she pretends now she didn’t know blocking the freeway was wrong. Something tells me she knew it when she told the police chief to F-off.

Targeted for being charismatic and outspoken? NO


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