Charges Filed Against Occupy Protesters

Five of 10 Occupy Coachella Valley protesters accused of violating a city curfew by staying in Palm Desert Civic Center Park overnight over several days without a permit as part of the Occupy Wall Street movement are facing misdemeanor charges.

Mary Elizabeth Walker, 22, Stephen Finger, 58, Jayel Aheram, a 27-year-old who is known as Jack Lee Noftsger III, all of Palm Desert, Dustin David Powell, 29, and Ryan Cartwright, 21, both of Palm Springs, were charged Wednesday with a misdemeanor unlawful assembly.

The criminal complaint alleges the group "did wilfully and unlawfully assemble together with one or more persons to do an unlawful act and do a lawful act in a violent, boisterous and tumultuous manner."

Cartwright also faces two additional charges of misdemeanor resisting arrest. The complaint also alleges that Walker violated her probation stemming from a shoplifting case in 2008.

Four of the five were in court at the Larson Justice Center in Indio Thursday and plead not guilty. They are due back in court on Jan. 17 for a felony settlement conference.

Aheram, who refused to sign a citation when he was initially arrested, will be arraigned on Jan. 17.

All five were just after midnight on Nov. 1 at , near San Pablo Avenue in Palm Desert.

Deputy Public Defender Roger Tansey, who represents the defendants, said the protesters would like to fight the charges.

"I can tell you we will vigorously defend against the charges unless the defendants want to settle," Tansey said, adding that the police report was "an inch thick."

He called the charges " completely unfounded."

"After all, this country was founded upon dissent. Whatever one thinks of their political views, I'm sure all right-thinking people can agree that the Palm Desert five are certainly proud followers of that good ol' American tradition of peacefully making your voice heard," Tansey said. "Whether you agree with them or not, these kids represent some of the best of American values - and their criminal charges, the worst!"

John Hall, a spokesman with the Riverside County District Attorney's Office, said the charges were carefully considered.

"We revised the evidence in the case and believe that these are the charges that are justified in this case," Hall said.

Charges apparently were not filed against five others arrested, including Gale Wheat and Salvador Reyes.

Members of the group had been in the park since Oct. 24 as part of the nationwide Occupy movement, meant to draw attention to what demonstrators say is the growing gap between rich and poor.

The city had granted the group a permit for several days to stay overnight in the park, but refused to grant any more permits out of fear that it would set a precedent for other groups to set up residence in the park.

The city attorney has said the city supports the group's first amendment right to protest and use the park during its hours.