DA defends independence, charging decisions in UNC protests

Members of Chapel Hill and Carrboro councils condemned the "overreaction" by UNC administrators

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The arrests of protesters at the University of North Carolina at Chapel Hill last week ignited a dispute between local elected officials and the District Attorney's office.

In a joint statement, seven members of the Chapel Hill and Carrboro Town Councils condemned what they called an "overreaction by the UNC administration" in arresting peaceful protesters. The councilmembers, who noted that local police were not involved in the action, believe UNC created an environment that "inevitably resulted in an escalation of force, including the use of pepper spray against its own students."

The statement urged UNC to follow recently published ACLU guidance on protecting free speech and academic freedom. It also called on District Attorney Jeffrey Nieman, who represents both Chatham and Orange County to dismiss the charges against those arrested and prioritize restorative justice.

DA Nieman responded sharply, saying that while he understood the officials' desire to speak out, "a prosecutorial decision should never be made prior to collection and thorough review of all the relevant evidence." He noted that evidence was still being compiled, making it impossible for anyone to determine how best to proceed.

Nieman said 36 individuals face charges ranging from 2nd degree trespass to assault on a government official, and pledged to make decisions on prosecution only after receiving and reviewing all evidence. "Our office remains committed to our core responsibility of public safety," he stated. "Peaceful and lawful protesters, as well as law enforcement officials carrying out their duties, have the right to these activities free from violence."

Chapel Hill Mayor Jessica Anderson acknowledged the difficulty of the situation in remarks at a city council meeting. While reaffirming the town's support for free speech and peaceful assembly, she emphasized the need to ensure public safety. "We will continue to do our best in navigating this stressful and difficult time," Anderson said.

The protests centered around the ongoing conflict in Gaza. Despite differing views on solutions, the mayor said the community shared common goals, including an end to violence, the return of hostages, humanitarian aid for Gaza, and lasting peace.