Memphis police seek journalists’ work for protest investigation
Felony charges could be on the way for some of the individuals who staged a July 4 protest outside of Shelby County District Attorney General Amy Weirich's East Memphis home.
A county criminal court judge approved a request for a subpoena made by investigators with the Memphis Police Department that outlines who they are looking to identify and seeks photographs taken by a Commercial Appeal photojournalist.
A court document stated, “Memphis Police Department believes that the Commercial Appeal is in possession of evidence in the form of photographs of the individuals as well as identifying information of persons who participated in this attempted arson, arson, and theft of property which occurred on July 4, 2020.”
The protest occurred late in the afternoon on Saturday. At least a dozen cars and roughly 40 protesters arrived at Weirich's residence, blocking off portions of the street Weirich lives on. Protesters yelled for Weirch to come outside of her house, as they chanted for, among other things, the end of the money bail system within Shelby County. In video that was streamed live on social media, protesters can be seen firing Roman Candles towards Weirich's roof, which did not catch fire. They can also be seen removing flags from Weirch's yard, crossing a physical property line, and subsequently setting those flags and another, larger flag, on fire.
Published photos taken by The Commercial Appeal at the protest show individuals holding fireworks as well as the burning flags.
On Monday, Weirch issued a response to the protest but did not indicate charges were forthcoming.
“I signed up for this job, so I am willing to take criticism,” Weirich said. “But when you threaten my home or intimidate my children you have crossed a line that is unacceptable.”
Neither Weirich nor her family members were seen outside of her property, and no injuries were reported.
“On Wednesday we received a copy of the affidavit for subpoena, and our law department is reviewing it,” said Mark Russell, The CA'S executive editor.
“This office had nothing to do with the subpoena and I have no knowledge of who sent it,” Weirch said in a release. “Earlier this week I had asked the District Attorney's General Conference in Nashville to appoint a special prosecutor.”
According to Weirich's office, District Attorney General Kim Helper of the 21st Judicial District has been appointed to handle the case.
A similar effort by law enforcement to acquire journalists' footage is underway in Seattle, which has seen consistent protests since late May, after the police killings of George Floyd and Breonna Taylor.
In Tennessee, arson is considered a class C felony, punishable by three to 15 years in prison, along with a fine of up to $10,000. It is unclear if this is a charge the protest could face.