Seventeen students arrested during in a “sit in” at the University of Virginia president’s office have been found not guilty by Judge Robert H. Downer Jr., of the Charlottesville General District Court. The judge’s rationale: They were not given enough time to leave the building before their arrest.
What’s going on here? Does the People’s Republic of Charlottesville operate by a different set of laws than the rest of the Commonwealth?
Demanding that UVa President John Casteen pay “a living wage” to the university’s lowest-paid employees, the students held a sit-in in the lobby of Casteen’s office in Madison Hall. Casteen gave the students numerous opportunities to leave without being arrested. On day one of the protest, university authorities denied food to the students; on day two, they cut off wireless access. Then before the arrests, according to Carlos Santos’ account in today’s Richmond Times-Dispatch, Leonard W. Sandridge Jr., UVa’s chief operating officer, read a statement giving them five minutes to leave.
But Judge Downer said the students had less than five minutes before they were arrested by UVa police. Santos quoted Downer as follows: “It didn’t appear to me that anybody was going to leave … But that time (five minutes) had not elapsed.”
What does that have to do with anything? Did the students trespass, or did they not? Were they there illegally, or were they not? How is it even remotely relevant that, after occupying the lobby for two days, they were given less than the promised five minutes to leave?
There may be considerations omitted from Santos’ story, so I am willing to modify my statements in the light of additional information. But based on the facts presented, Downer comes across like some radical lefty judge from California who bases his ruling on personal whim, not the law. I hope this ruling is not typical. Do any of our readers know anything about Downer?