Most pending charges against Lexington racial justice protesters dropped after 2020 arrests
Almost all of the remaining pending charges against racial justice protesters who were arrested in 2020 during demonstrations after the deaths of Breonna Taylor and George Floyd have been dropped, according to an attorney representing the protesters.
Attorney Daniel Whitley, who represented almost all of those arrested in connection to the protests, said the deal was made as a result of mediation.
Whitley represented nearly 25 individuals pro bono who were charged in connection to the racial justice protests. Their charges ranged from disorderly conduct, jaywalking, obstruction of justice, and rioting, among other offenses.
One of those clients was Liane Woodhead, who faced charges of second-degree disorderly conduct and obstructing a highway. The deal was offered in early September for charges to be dismissed with prejudice, so the defendants could not sue for malicious prosecution, according to Woodhead. She said she felt it was a deal worth taking.
She said while the dismissal was a relief, she did not feel the charges should have been on her record at all.
“It definitely was a relief because it was very time consuming — you have to take off from work,” she said. “And as a taxpayer here in Fayette County, the money that has been wasted on prosecuting activists and people speaking up to injustices pertaining to people of color; it is a waste of time and waste of money and seemed like there was no need for it.”
Whitley said he believes the decision to drop the charges was in large part due to the result of the case against Sarah Williams, a protest organizer who was arrested and went to trial in July on charges of inciting a riot, resisting arrest, drug possession and disorderly conduct. She was found not guilty on all but one charge of disorderly conduct.
“I think that County Attorney Larry Roberts, after the trial, took a second look at the cases and decided to use a better discretion of his office’s resources and dismiss the case,” Whitley said.
The county attorney’s office did not provide more information regarding the cases prior to publication.
Whitley said having former Fayette Circuit Judge Ernesto Scorsone as the mediator for the cases also had a big impact on the decision “bringing leveled heads together.”
He said as the attorney for many cases – most of which are misdemeanor charges – he felt relieved when the decision was made.
“This is a great thing when you see that in Lexington, we are moving towards a brighter future, and we are looking at the law differently,” he said.
Whitley also said his clients now get a chance to move on with their lives.
“These people do not have criminal backgrounds,” he said. “They are doctors and social workers who felt compelled to speak up and stand up. Their licenses and jobs were put on the line because of this, and now they can go back to being regular citizens.”
One of whom was Williams, who she said had her nursing license put on hold as a result of her charges. Whitley said her name was also dragged through the mud with false statements and accusations.
“In history, we always marvel at those who stood up for equality, be it gender, race, sexuality,” he said. “But those who stand up for the first time, often face the biggest consequence.
“I hope we can find a career and job for Sarah, because it is her voice and her determination that shocked the city – which has made all of this progress – of what she did in this community with her being willing to stand up and make a change.”
Whitley said he hopes progress will continue to be made for racial and social justice. In Fayette County, the first Black county attorney is set to be sworn in at the end of this month. Angela Evans defeated Roberts, the incumbent, in the May primary.
Roberts decided to step down from his position at the end of the month and allow Evans, who did not have an opponent for the general election, to take office.
Roberts did not comment for this story but previously told the Herald-Leader he was allowing Evans to take the position early so she could begin hiring prosecutors to fill vacant positions.
“The reason I did that is not to get out of working – I love this place – but we have six openings in our office for prosecutors which need to be filled,” Roberts told the Herald-Leader. “The bar exam results (are) in October and I don’t want to wait and fill those spots in October without her being involved in that, because they will be working for her. She should choose.”
Additionally, outgoing Fayette Commonwealth Attorney Lou Anna Red Corn has requested that Assistant Commonwealth Attorney Kimberly Baird take her place once Red Corn retires Sept. 30. Baird would also be the first Black woman to be in the position.
“I think we as a community have to pat ourselves on the back because we are no longer just talking about racial equality – we are seeing women in powerful positions,” Whitley said.
Some of the individuals involved in the protest had already accepted plea deals, pleaded guilty, and even served jail time for their charges. Whitley said the charges being dropped against those with pending cases would have no effect on previously resolved cases.
According to court records, penalties ranged from jail time to fines and probation.
“It is not about guilt or innocence sometimes when they plead guilty. It is about risk,” Whitley said. “And these people accepted responsibility to avoid the risk.”
One protester’s case is still pending, Whitley said. He was expected to have a jury trial later this month on charges of second-degree disorderly conduct, inciting a riot and resisting arrest.
