First trial ends in acquittals; more than 150 still wait for day in court

Hundreds of people, wearing all black and hiding their faces, moved through more than 16 blocks of downtown Washington on Inauguration Day. Some carried hammers, crowbars and bricks. They shattered shop windows, and by the end there was more than $100,000 in property damage.

Last week, the first six people to go to trial in the case were acquitted by a jury on all the charges of rioting and destruction of property — an outcome that illustrates the challenge for D.C. prosecutors who are preparing for trials of more than 150 others picked up in the Jan. 20 mass arrest.

The six acquitted defendants said they were lawfully exercising their First Amendment right to free speech, while a few others broke away to cause damage. Prosecutors said there was no evidence to show the six participated in the destruction, but they argued that the defendants made a choice to stay with the group and provide cover for those who smashed windows and toppled newspaper boxes.

It is not clear how many of the remaining defendants authorities believe they can prove participated in — or helped plan — protests aimed at vandalism.

Legal experts said the U.S. attorney’s office in the District could weigh whether to continue moving forward on the less serious cases after the first trial’s jury rejected the government’s theory that the entire group of protesters bears some responsibility for the destruction.

A 38-year-old juror, who sought to remain private and asked not to be identified, said that during deliberations, some jurors “unloaded” because they could not hold someone responsible for the mayhem.

During the trial, the panel watched hours of video that showed the destruction and heard from employees of businesses who described their fear in those chaotic moments.

In the end, the juror said, the panel concluded there wasn’t enough evidence to convict the six people before them. The decision came after a nearly fourweek trial and two full days of deliberation.

Prosecutors allege that a group called Disrupt J20 helped plan the protests, pulling in participants from across the country.

More than 200 people were arrested.

Twenty have pleaded guilty, prosecutors have dropped cases against 20 others, and the six were acquitted.

The remainder are scheduled for trial, in groups of six or seven, through mid2018.