Fact check: Tillis says police made 'no arrests' of protesters who blocked Durham Freeway
U.S. Sen. Thom Tillis, R-N.C., cited a protest in his home state as an example of why he thinks new laws are needed to stop people from blocking public roads.
Posted — UpdatedA senator from North Carolina is citing a protest in his home state as an example of why he thinks new laws are needed to stop people from blocking public roads.
Tillis said protesters “completely blocked the Durham Freeway in Durham, North Carolina, during rush hour, stranding drivers and compromising the free flow of commerce. No arrests were made.”
He added that protesting on a public road "needs to be a crime throughout the country.”
Is it true that no arrests were made? No.
No protesters were arrested on the day the Durham Freeway was blocked. But two days later, the Durham Police Department announced that it had obtained warrants for four Durham residents charged with impeding traffic: Olivia Linn, 27, Fatima Nur, 36, Jenae Taylor, 36, Leah Whitehead, 28.
Using the word ‘arrest’
“You’re clearly trying to ding Tillis on a minor point, and ironically, WRAL reported that the four turned themselves in days later, not that they were ‘arrested,’” Keylin said in an email.
It’s true that criminal charges can be filed against someone without them being handcuffed. Someone can also be handcuffed but not charged, criminal law experts told PolitiFact NC.
People can also be arrested when they turn themselves in — and the Durham Police Department said that’s exactly what happened with the four protesters who were charged.
“All four women turned themselves in at the Durham County Jail and were placed under arrest,” the department told PolitiFact NC in an email. “They were all released on a written promise to appear in court.”
Questioning the response
Keylin questioned the Durham Police Department’s decision not to detain protesters at the time they were blocking the street. “I’m sure any North Carolinian who was stranded in traffic that day for hours wanted the activists to be arrested on the scene to stop the traffic blockage,” he said.
“Our first priority was to reroute the affected traffic and manage commuters still traveling to Durham on the Durham Freeway,” Andrews said. “As this was happening, staff began mobilizing a plan to reopen the highway. We were prepared to arrest any individuals that did not comply with our lawful orders.”
She added: “We did not and will not prioritize haste over safety, and will always avoid taking haphazard or reckless action that would have placed officers, motorists, bystanders, and protestors in danger.”
Holding protesters accountable
Keylin also suggested the protesters may not be fully held accountable by the local district attorney.
The four protesters were due in court on Jan. 16 to face their charge of impeding traffic, a Class 2 misdemeanor that carries a penalty of up to 60 days in jail, according to Sarah Willets, a spokesperson for the Durham County District Attorney's Office.
“Under a deferral, the person admits responsibility to the charges, and if they successfully complete the terms of the agreement, the charges are dismissed,” she added.
Our ruling
Tillis said police made “no arrests” of protestors who blocked Durham Freeway on Nov. 2.
That’s inaccurate. Durham police didn’t lead anyone away in handcuffs the day of the protest, but two days later — months before Tillis’s Jan. 8 statement — police arrested and charged four protesters for impeding traffic.
We rate his claim False.
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