Golden Gate Bridge Protesters Await Judicial Ruling on Felony Charges

A Superior Court judge will decide whether San Francisco District Attorney Brooke Jenkins has enough evidence to try felony cases against eight antiwar protesters who allegedly shut down the Golden Gate Bridge on Tax Day.

In a preliminary hearing on Tuesday at the Hall of Justice, Assistant District Attorney Angela Roze presented evidence and witness testimony the prosecution plans to use to paint a picture of trespassing, felony conspiracy and false imprisonment of early morning commuters.

The eight activists face the most significant charges of the 26 people arrested for allegedly shutting down the bridge as part of a worldwide economic blockade. Around 7:30 a.m. on April 15, protesters shut down traffic across the Golden Gate Bridge, chaining themselves to stopped vehicles. Organizers said they were demanding that the U.S. stop funding Israel in the war in Gaza, which it launched after Hamas’ attack on Israel on Oct. 7, 2023.

Judge Brendan P. Conroy is expected to decide later this week whether the felony cases can proceed.

Criminal defense attorneys and legal experts have questioned prosecuting the protesters, especially the controversial false imprisonment charges, which defined delayed motorists as victims. In past mass prosecutions, protesters have typically faced misdemeanor charges for blocking a roadway and for disobeying the orders of law enforcement.

“We think that there are lots of issues with their evidence from a legal standpoint and that a vast majority of the charges will be dismissed,” Jeff Wozniak, an attorney representing the defendants, told KQED after Tuesday’s hearing.

Supporters and friends of the protesters in the courtroom donned keffiyehs, the patterned scarves that have become symbolic of solidarity with Palestinians.

The prosecution’s first witness was Officer Roger Elarua, the bridge’s captain and the first responder on the scene. Elarua described sitting in his office at the toll plaza and talking on the phone with local agencies about potential protests happening that day in the Bay Area.

That’s when he looked up at the camera feed and saw traffic stopped in the southbound lanes heading toward San Francisco. The demonstration shut down traffic across the bridge in both directions for about four hours. Protesters also shut down traffic on I-880 in Oakland.

Elarua, who is not a sworn law enforcement officer, can’t make arrests. He handles administrative duties, like issuing bridge permits for “expressive actions.” He noted that there was no permit request for that day.

Elarua’s jurisdiction includes the Golden Gate Bridge Highway and Transportation District, which has control over the moveable barrier that separates north and southbound traffic. During cross-examination, the defense repeatedly questioned why Elarua and California Highway Patrol Officer Erik Egide, who was not present, decided not to open another lane of traffic to help break the gridlock.

“If there was a fourth lane, the cars could have gone around the protest,” Elizabeth Camacho, the felony manager for the San Francisco Public Defender’s office, said to Elarua during questioning.

“In theory, yes,” he responded.

“What’s becoming clear through the testimony of these officers is that they made a lot of decisions that led to the traffic jam; that there were options that they had; and that they could have taken other approaches that wouldn’t have resulted in such a long delay,” Wozniak told KQED after the hearing.

In his testimony, Elarua said he called for support from other agencies. Capt. Taylor Carlton of the CHP testified that he had to fight intense traffic on the north side of the bridge.

After informing the group that they were part of an unlawful assembly, Carlton said he spoke to a protester who was wearing a neon pink safety vest labeled “Police Liaison.” According to Carlton, protesters had formed a human chain and some had locked their hands inside metal tubes, a tactic known as the “sleeping dragon.”

The police liaison allegedly told Carlton that the fire department would need to cut the demonstrators free and that none of them would speak to law enforcement apart from her. Carlton arrested her and the other protesters.

“I was concerned about the health and safety of everyone being impeded [on the bridge],” Carlton said.

In addition to the eight who face felony charges, 18 people were charged with misdemeanors. The protesters, known as the Golden Gate 26, pleaded not guilty in September.

Jenkins has previously said that the protest compromised public safety and caused “extreme threats” to those trapped on the bridge during the morning commute.

The preliminary hearing is expected to continue until Thursday. If found guilty at trial, the protesters could face years in prison.