MUNCIE, IN — A judge dismissed misdemeanor charges filed against a protester accused of disrupting a meeting of the Ball State University Board of Trustees.
Cooper Philip Archer, 21, a Ball State University student from Boonville, had been charged with two counts of disorderly conduct, a Class B misdemeanor carrying up to 180 days in jail.
According to a Ball State spokesman in February, about 30 people “exercised their right to protest peacefully” at a Feb. 28 meeting of the trustees at Ball State’s L.A. Pittenger Student Center.
“The individuals were protesting several issues, including pro-Palestine perspectives regarding the ongoing conflict in Gaza,” the spokesman said.
But five of the protesters — including four Ball State students — “loudly disrupted the meeting by yelling,” according to a news release.
They then “persisted in disrupting the meeting” after being warned to stop by the board chairman, and they were arrested by Ball State police, the release said.
Misdemeanor charges were filed in March against the five protesters in Muncie City Court.
The case against Archer was transferred to Delaware Circuit Court 5 after he requested a jury trial.
On Friday, Nov. 21, a six-member jury heard the state’s case against Archer, presented by deputy prosecutor Eric Overpeck. But the case didn’t reach the jury.
After Overpeck completed the state’s case, defense attorney Vincent Walker asked Judge Thomas Cannon Jr. for a “judgment on the evidence.”
Cannon ruled the state’s case was “lacking substantial evidence” and found Archer not guilty of both charges.
After the verdicts were returned, Delaware County Prosecutor Eric Hoffman said, “I respectfully disagree with the court’s legal analysis in this case.”
Hoffman said he “already had an extensive conversation with the Indiana attorney general’s office for the purpose of appealing the court’s decision.”
Hoffman said the attorney general’s office represents the state in all appeals.
“By granting a directed verdict, the judge took the case from the jury and entered a verdict of not guilty,” Hoffman said. “I believe the case should have gone to the jury for their deliberation.”
Charges are still pending against Archer’s co-defendants.
Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: Judge finds Ball State protester not guilty of disorderly conduct
Reporting by Douglas Walker, Muncie Star Press / Muncie Star Press
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