Bill Riney convicted of trespassing, attempting to resist police during protest on county building
Protester Bill Riney was convicted this afternoon of trespassing for using a ladder to climb to the roof of the Washtenaw County administration building on Labor Day to stage a 14-hour protest against joblessness in Michigan.
A jury deliberated for two hours before returning the verdict, also finding him guilty of attempted resisting and obstructing police.
A charge of disturbing the peace was dismissed this morning by 15th District Judge Chris Easthope. All of the charges are misdemeanors.
Riney's attorney, Nader Nassif, said he was surprised by the conviction on the attempted resisting charge.
"All he did was disagree with the officers when they said 'come down,'" Nassif said. "He said no."
In closing arguments this afternoon, Washtenaw County Assistant Prosecutor Stacie Shaw said Riney had a right to protest, but took it too far. Two Ann Arbor police officers and a Washtenaw County sheriff's deputy told Riney he needed to come down from the roof, but he refused, Shaw said.
"Thankfully, it resolved with no one being hurt," Shaw said.
Nassif told the jury the protest was nothing more than civil disobedience, and Riney was peaceful and polite throughout.
Riney, 59, was one of eight people to testify in the trial that began Wednesday. During the trial, prosecutors played two 911 calls Riney made while protesting and showed jurors photographs of items SWAT team officers took from Riney, including a car battery and tent.
Riney testified this morning, admitting he used a ladder to climb sections of the North Main Street building's roof until he reached the highest section.
Riney said he grew up in River Rouge and moved to Washtenaw County a couple weeks after his high school graduation to play football at Eastern Michigan University. Riney got choked up when he said he didn't graduate from college because he succumbed to substance abuse. But he said he will have 23 years of sobriety on Christmas Day.
He's been involved in politics his entire life and has been working for the past several years to raise awareness about unemployment and explore ways to help people find decent jobs, he said. Riney testified he sat outside Gov. Jennifer Granholm's office for three days on a hunger strike and was told he would get a constituent meeting with her, but it never materialized.
So in an effort to gain attention for his cause, he brought a tent, mattress, car battery, sleeping bag, pillow, vitamins, book about Gandhi and other items with him to the roof, he said.
When he received a phone call from an Ann Arbor police officer telling him to come down, Riney said he told the officer, "I was up there for a peaceful demonstration and I wasn't going to hurt nobody."
Bill Riney
"It was the only way I could get attention," he said.
At one point, Riney said he was surrounded by SWAT team officers in all black and "was afraid I was going to be shot." At times during the protest, he said, he ignored officers while listening to meditation music.
Riney said he wasn't threatening anyone.
"Violence begets violence," he said. "Gandhi, Dr. King, Rosa Parks, have taught me that to use violence when you're trying to be peaceful is not going to work."
Riney said he talked to reporters from three Detroit television stations during the protest. He told them about several black women he's seen that live in low-income apartment buildings with babies and no furniture, he testified. They feed their babies on the floor, he said.
"That's the story I wanted to get out to the press," Riney said.
A mental health professional testified Wednesday that he and a Washtenaw County sheriff's detective spent 45 to 50 minutes on the roof trying to talk Riney into coming down. The conversation ended when Riney laid down on a mattress near the edge of the roof and pulled a blanket over his head. Shortly after, SWAT team officers moved in and took Riney into custody.
Riney testified he felt bad about falling asleep.
"I feel guilty about that," he said. "If I hadn't fallen asleep, maybe I could have been there longer."
Riney claimed he was on a public building and didn't see any "no trespassing" signs.
Under cross-examination by Shaw, Riney acknowledged he didn't have permission to be on the roof, knew the building was closed and knew he would likely be arrested. Riney said a verbal command from an officer wouldn't have been enough for him to come down, but he would have needed a written command.
Riney claimed he didn't recall three police officers telling him in separate conversations to come down.
Ann Arbor police Sgt. Matt Lige testified this morning that about 20 to 25 people had gathered on Labor Day night at an intersection near the protest, chanting and singing in support of Riney's efforts to bring jobs to Michigan.
Under cross-examination, Lige testified the crowd was orderly and peaceful, and the total number of officers who responded during the incident was roughly equal to the number of civilians who gathered.
Judge Easthope referred to Lige's testimony when dismissing the disturbing the peace charge, saying there was no indication of a disturbance or traffic obstruction. Easthope granted a motion for directed verdict that had been filed by Riney's attorney.
Washtenaw County sheriff's Det. Everette Robbins also testified this morning, saying he was called to work Labor Day night to respond to the incident. Robbins, who was the detective on the roof attempting to talk Riney into coming down, said he told Riney at least five times he was trespassing.
Riney was on a hunger strike and wasn't planning to come down for days, saying if authorities wanted to pick him up, they "would need a helicopter," Robbins said.
Riney is scheduled to be sentenced on Jan. 28. Attempted resisting and obstructing arrest is punishable by up to a year in jail. Trespassing is punishable by a maximum 30 days in jail and/or $250 fine.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
JS
Fri, Dec 24, 2010 : 4:38 p.m.
There really weren't any "no trespassing" signs present? If this is a public building and there were no signs posted, then I don't see how this amounts to trespassing. I may be way off base here or simply not aware of what exactly constitutes trespassing, but it doesn't seem to me that this law was broken. And I find it quite creepy that if you don't "obey" everything the police tell you to do, then you are effectively breaking the law. I am aware that the vast majority of our law enforcement officials want nothing but the best for the city and it's citizens, but I have personally seen several local police officers seemingly "high" on authority, and I feel this is continued and reinforced by situations like these. To obey without question is a loss of freedom that I for one will not deal with.
Roadman
Mon, Dec 20, 2010 : 1:12 p.m.
Thank you for your selfless acivism, Mr. Riney.
General Demetrios
Mon, Dec 20, 2010 : 9:43 a.m.
A large corporate family makes a 10 million + dollar donation to a political party, and that party in turn makes sure that they never have to pay tax on their 30 BILLION + dollar fortune. All legal, apparently. One man, out of a pool of 200,000 + unemployed men in the area makes a simple protest on Labor Day, and is convicted of, what? "attempted resisting arrest"? His tiny voice is illegal? What's wrong with this picture. Hey, he could be more articulate, but he is out there. You could be also. Or you can just buy communist Chinese junk, wrap it in communist Chinese paper, stand up at the next sporting event, (if you're not too drunk on Belgian Bud) and slur out the Star Spangled Banner.
Michigan Reader
Sat, Dec 18, 2010 : 1:49 p.m.
@Roadman--The article said that Riney said that he didn't recall officers telling him to come down, and that verbal command wouldn't have been enough. If the officers testified that they did give him the commands to come down, as I'm sure they did, the jury believed the cops. I think the cops may have a little more credibilty than Riney.
bedrog
Sat, Dec 18, 2010 : 8:15 a.m.
john hutchins...your romanticism of the 60's is so cute, but so off base. I was one of those hippies ( although just a 'hippy -lite'), and alot of us were idiots then ( and often high as a kite). Passion, especially for 'self-expression (and damn the consequences..especially for others'!!)without clear -headedness about cause, effect, or effectiveness can just as easily ( or more easily!) lead to totalitarian outcomes as more 'establishment', sedate, law-abiding activities can. Riney is 'chump change' in that regard but DEMISTIFY above has cited some others who better bear out my point.
John
Sat, Dec 18, 2010 : 4:54 a.m.
I am 28 and think this is a total bunch of garbage, I heard about the hippies going to Washington DC in the 60's and protesting for many months... People should start to realize that when one person makes a sacrifice for others and commits to it fully we all should back them. Our freedoms are very important and to let people steal them is more costly then anything. Watch out people you might wake up one day under a police state, with every word wrote and anything you say on paper and end up somewhere you don't or would never think.
Snarf Oscar Boondoggle
Fri, Dec 17, 2010 : 10:41 p.m.
@reader... 'obsructiong and/or resisting' cold be valid charges. it;s the 'attempted' part that makes our eyes glaxe over in a poitical mosh pit.
Roadman
Fri, Dec 17, 2010 : 7:31 p.m.
@Michigan Reader: Bill Riney testified in his defense that he did not hear the police commands, if they existed at all. The LSA 109 demonstrators received jury acquittals many years ago on trespass charges in the same court.
Jay Thomas
Fri, Dec 17, 2010 : 7:31 p.m.
What will happen to the hot dog man now? Probably more publicity stunts to get the attention he craves so much and more wasteful trials. I suppose that with a quote from MLK we should all be able to 'have at' the law whenever we feel like it. :\ BTW: Nice call bedrog.;)
Michigan Reader
Fri, Dec 17, 2010 : 7:18 p.m.
@Roadman--Attempted resisting and obstructing is a VALID charge when an officer gives you a legal command--obey! @Atticus--Riney's conscience is focused on unemployment, poverty, and low standards of living. So, trespassing and attempted resisting and obstructing aren't implicated here. MLK meant, for example, violating segregationist laws.
Snarf Oscar Boondoggle
Fri, Dec 17, 2010 : 3:22 p.m.
'attempted resisting'????????? /swoon... cite pls w/detail
julieswhimsies
Fri, Dec 17, 2010 : 2:17 p.m.
My, my, my. Much ado about nothing. Happy Holidays, everyone! (you, too, Bill)
Chase Ingersoll
Fri, Dec 17, 2010 : 10:58 a.m.
Bill and the County may be in their own version of The Ransom of Red Chief. By obtaining a conviction and putting him in the County Jail or the probation system they are only going to give him the opportunity to personally witness/experience an even greater array of systemic injustices. No system/bureaucracy is perfect and even in the most progressive, the last thing they are going to want is a motivated and able critic right there in their midst 24/7 observing every rule and regulation that are not be fulfilled according to the letter of the law. I'm not assessing blame to any particular office or person, that is just the nature of a labyrinth of a system where the rules are contradictory and there is not the time or funds to follow them. What bothers me is that you have a system that is complaining about lack of resources, but they go and blow their wad in a SWAT team law enforcement orgasm, when a Chai Latte delivered by a cute social worker intern with a tear in her eye and a few hugs could have talked the old boy down in 5 minutes without all of the drama. As a libertarian and member of the local GOP, part of me is amused by the show of people with no power stepping on and slipping all over someone of their own party, but the other side of me is sympathetic to the human tragedy of someone like Bill and know that even the most jaded prosecutor and SWAT team member will have moments of second thoughts and head shaking over the whole experience. Nice Christmas story Ann Arbor. Nice Christmas story. Now try and figure out a way to give it an ending with a little Christmas Spirit.
81wolverine
Fri, Dec 17, 2010 : 8:32 a.m.
Riney is a good man. He has a lawn cutting service and has been out to cut my yard every so often. We've talked some politics then, and he's obviously passionate about effecting positive change. I hope he gets a very lenient sentence.
green1
Fri, Dec 17, 2010 : 7:42 a.m.
@ Roadman "Labeling it an "attempt" reduces the charge from a felony down to a high misdemeanor and increases the prosecution's likelihood of obtaining a conviction since a jury is more likely to convict on a non-felony, given the relatively innocuous behavior of Mr. Riney." The charge without the attempt is a high court misdemeanor (2 year maximum penalty), which is treated like a felony. The attemped charge is just a misdemeanor.
dading dont delete me bro
Fri, Dec 17, 2010 : 6:53 a.m.
does this mean he'll think 2x when he's trespasssing while handing out his free dogs? doubt it.
Michael O
Fri, Dec 17, 2010 : 12:42 a.m.
Chill out...my god,the simple things that happen in this town cause such a ruckus...really?
Macabre Sunset
Fri, Dec 17, 2010 : 12:25 a.m.
I find it depressing that someone who is obviously mentally ill has become a political football here. Just get him the help he needs so badly. Jail time does not serve anyone's needs.
Michael O
Fri, Dec 17, 2010 : 12:12 a.m.
I think he's cool.
eagleman
Thu, Dec 16, 2010 : 10:21 p.m.
Atticus: Spare us the smarmy quotating of MLK. Justice is a subjective term that is sharped by the prejudices of the time. Riney's protest is pointless. MLK and other civil rights activists made a point to conduct their protests in areas where something was sure to inspire a strong reaction. The only thing Riney is going to inspire by sitting on top of the county building is laughter at his ridiculous antic.
Speechless
Thu, Dec 16, 2010 : 10:12 p.m.
One way to gauge the effectiveness of Riney's actions is to see how many negative comments get generated by news stories about his activities. The more that local conservatives and libertarians (...not to forget the occasional liberal) mock or troll him, or proceed to pound fist on table, then the more he successful he is in being heard within the larger community. From what I can tell here, he's still doing passably on that front. For Riney, media outreach only fails when news updates on his unfolding story become ignored and no one bothers to post comments, either positive or negative. Otherwise, he succeeds more than a single individual usually does in getting out a social message, which in his case is a call to give the highest priority to relieving the unemployment crisis. Since so many political and business leaders don't seem to really care all that much, he has a point.
UtrespassM
Thu, Dec 16, 2010 : 9:49 p.m.
"Too often, the courts are used to bully citizens who can least afford to challenge their bullying tactics."----- I have seen, it was real, so real.
UtrespassM
Thu, Dec 16, 2010 : 9:22 p.m.
What does Bill Riney do for every day living?
Davidian
Thu, Dec 16, 2010 : 9:08 p.m.
Protesters are so annoying.
lumberg48108
Thu, Dec 16, 2010 : 8:58 p.m.
Riney is not all there and his stunts are for attention only - so why give it to him? Did this story need to be so comprehensive? As Steve McQueen said in his final movie "Who do you think you have up there, the SLA?" (note to reporter - Google Steve McQueen and Google SLA) His attempts for attention are now becoming dangerous and he is no more likely to get elected to any office as Porky Pig! Please - stop covering this guy and his need for attention - and maybe he (and his annoying hot dog truck) will go away!
Craig Lounsbury
Thu, Dec 16, 2010 : 8:49 p.m.
Free the Hot Dog One! Free all political prisoners.
Roadman
Thu, Dec 16, 2010 : 8:28 p.m.
Notice that the Washtenaw County Prosecutor's Office used the same "attempted resisting and obstructing" charge on Riney as they did on Dr. Catherine Wilkerson in their failed prosecution by then-A.P.A. Margaret Connors three years ago. Labeling it an "attempt" reduces the charge from a felony down to a high misdemeanor and increases the prosecution's likelihood of obtaining a conviction since a jury is more likely to convict on a non-felony, given the relatively innocuous behavior of Mr. Riney. Resisting and obstructing is a garbage charge used locally by prosecutors to cover just about any type of police-citizen interaction that law enforcement does not like. Chris Easthope was a longtime criminal defense attorney in Ann Arbor and likely recognizes that law enforcement went overboard on Bill Riney. I predict a lenient sentence. I wish Mr. Riney luck and hope to see him distributing some hot wieners in the near future.
bedrog
Thu, Dec 16, 2010 : 6:29 p.m.
@roadman..."martyr in the eyes of the public?" If by 'public' you mean 'yourself and your few usual allies/heroes', he already is. For the rest of us he's an exhibitionist ( 'attention whore' as another on a recent related thread correctly noted) who is properly being held to account for his actions, as others of whom we have chatted on this site, have been, should be...and hopefully will be in due course.
Roadman
Thu, Dec 16, 2010 : 5:37 p.m.
Will the Prosecutor's Office push at sentencing for jail time for William Cullen Riney? They may see deterrent value in Riney going to jail so that others will not engage in similar dangerous stunts. On the other hand, it would likely make Riney a martyr in the eyes of the public. The Washtenaw County Prosecutor's Office attempted a highly publicized criminal prosecution of Riney in 2003 in conjunction with a petition drive on behalf of FAIR, the organization fighting an incinerator in Ypsilanti. Riney received a plethora of support from the Michigan Green Party over charges that there were petition signature irregularities in the FAIR efforts. Riney has had a long background of activism for disadvantaged citizens. Judge Easthope should take into account this circumstance at sentencing.
Mick52
Thu, Dec 16, 2010 : 5:30 p.m.
Righto Atticus, but that does not apply here.
bedrog
Thu, Dec 16, 2010 : 5:26 p.m.
atticus ( and "roadman", who will soon show up on this thread!...always does when there's a shameless exhibitionist to cheer for!!.)... Don't be blue. The buzz is that Bette Midler will, as you both requested on a related thread, soon be releasing a song to honor riney: "YOU ARE THE BRATWURST BENEATH MY WINGS".
Atticus F.
Thu, Dec 16, 2010 : 5:11 p.m.
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law. -Martin Luther King Jr.
Somewhat Concerned
Thu, Dec 16, 2010 : 4:54 p.m.
He broke the law. He knowingly broke the law. Whether he did it to protest something he disagreed with or not, he has to expect the law to apply to him as much as it does to anyone else. Drunk students driving like drunk students or wandering into traffic are more dangerous, but trespass and resisting arrest also are crimes.