SLO Black Lives Matter protester in line for a plea agreement
December 7, 2021
By KAREN VELIE
One of the leaders of last year’s Black Lives Matter protests in San Luis Obispo is expected to plea to one felony count of using threats or violence to deter a police officer. In exchange, 24-year-old Elias Bautista will have his other two charges dropped.
Officers arrested Bautista on July 21, after approximately 300 protesters marched onto Highway 101, blocking all lanes in both directions for nearly an hour.
At the end of the protest, officers arrested BLM organizer Tianna Arata, 21. Prosecutors charged Arata with one count of unlawful assembly, one count of disturbing the peace, six counts of obstruction of a thoroughfare, and five counts of false imprisonment — all misdemeanors.
During Arata’s arrest, Bautista yelled at an officer before kicking him in the crotch.
Prosecutors charged Bautista with one felony count of resisting an executive officer by force or violence and two misdemeanor counts of resisting, obstructing, or delaying a peace officer for his acts allegedly committed against three individual peace officers.
As part of the proposed plea agreement, slated to be discussed at a hearing on Dec. 13, Bautista will be sentenced to 60 days in jail and two years probation. After 18 months, Bautista can petition the court to reduce the felony count to a misdemeanor, which he can later have expunged from his record.
The SLO County District Attorney’s Office also filed two misdemeanor charges against BLM protester Jerad Hill, three misdemeanor charges against Sam Grocott, a felony charge of vandalism and a misdemeanor charge against Robert Lastra, four misdemeanor charges against Marcus Montgomery and one misdemeanor charge each against Joshua Powell and Amman Asfaw.
Judge Matt Guerrero ruled last December that District Attorney Dan Dow had a clear conflict of interest in prosecuting seven of the cases based on the wording of an email he and and his wife sent to supporters seeking donations. The email asked supporters to help Dow lead the fight against the “wacky defund the police movement and anarchist groups that are trying to undermine the rule of law and public safety in our community.”
A month later, the California Attorney General’s Office filed two appeals regarding Guerrero’s finding, one in the felony case against Lastra — the protester who allegedly smashed a car window onto a 4-year-old boy — and one in the misdemeanor filings against Arata, Hill, Grocott, Montgomery, Powell and Asfaw. Currently, the parties are waiting on a ruling by the 2nd District Court of Appeal.
The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. Please address the Policies, events and arguments, not the person. Constructive debate is good; mockery, taunting, and name calling is not. Comment Guidelines