No charges in Visalia incident where Jeep hit two Black Lives Matter protesters in street

After more than a month of investigation and review, the Tulare County District Attorney’s Office on Wednesday said it will not file any charges related to an incident in which a Jeep struck two women during a Visalia Black Lives Matter protest.

In a lengthy statement, footnoted with photos and video, District Attorney Tim Ward detailed the May 30 incident, which was captured in cell phone footage and widely shared online, and concluded no charges could be filed.

“In order to prove that a crime was committed by the driver, the prosecution must prove beyond a reasonable doubt that the driver did not act out of necessity or in self-defense, or defense of others,” Ward said in the statement.

“The driver of the vehicle relayed he did in fact fear for his safety and the safety of his passengers,” as “the crowd began closing in on the vehicle and growing in number,” Ward said.

According to reports, the Jeep “was being operated lawfully upon a public roadway” when “multiple protesters entered the roadway on foot intentionally blocking the path of the vehicle.” The Jeep was then prevented from moving forward without coming into contact with protesters.

Ward said there were no witness statements that the Jeep had driven through the intersection more than once, contrary to reports, and that neither of the two protesters were seriously injured.

While the reports could not identify any individual responsible for throwing the objects at Jeep, cell phone footage of the incident shows protesters throwing water bottles at the vehicle and the Visalia Police Department noted damage on its windshield.

That is a felony, Ward said, and the fact that the occupants of Jeep were “victims of that crime cannot be overlooked.”

It is also a misdemeanor to “intentionally and maliciously impede traffic,” and that conduct of the protester who was struck was criminal in nature, Ward said.

The DA’s office recognizes the lawful expression of her First Amendment rights, but when “free expression moves away from speech to action and the action is illegal, the protections of the First Amendment are no longer sacrosanct.”

“Given the totality of the circumstances no charges will be filed stemming from this incident,” he said.

This story was originally published July 8, 2020 at 3:56 PM.