The Lumberjack



Students Serving The Cal Poly Humboldt Campus and Community Since 1929

DA Pursuing 3 Misdemeanors Against Student Organizer

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By Barley Lewis-McCabe

The tan hallway of the Eureka Courthouse was filled to near-maximum capacity. The air was warm from breath and the benches filled with people in Keffiyahs or newly printed shirts detailing Cal Poly Humboldt’s (CPH) investments related to Israeli military. Some held signs in their laps or leaned against the wall, anxious to get into the court. 

“There are a lot of us who know Rick and support Rick because we care about him as a friend, and there are a lot of people who are experiencing the same thing, either themselves or their friends across the country.” Humboldt 5051 chapter president and College of the Redwoods political science student AJ said. 

Because of the sizable crowd, entry was limited to 25 people, and the bailiff warned people that signs, hats and phones were not permitted inside.

Final semester graduate student at CPH, and the subject facing trial, Rick Toledo stood expressionless by the door. He was nearly unrecognizable with a short haircut and dapper suit as opposed to a tan jacket, jeans and shaggy hair. He idly talked to supporters, but spoke much softer than usual. 

David Loy, legal director of the First Amendment Coalition, a non-profit organization focused on education around First Amendment rights, commented on the nature of Toledo’s arrest.

“Sit-ins and occupations are time-honored means of protest and I respect that,” Loy said. “The whole theory of civil disobedience is that one disobeys the law for a higher moral purpose, but there’s not necessarily a right to do so without any legal consequence whatsoever.”

On Monday, April 20, the Humboldt County District Attorney (DA) announced that they would be pursuing charges of assault, battery and false imprisonment on Toledo over an altercation with Associate Director of the Student Activities Center Michael Moore during the Feb. 27 sit-in at Goodwin Forum. 

During the sit-in, administrators were asked to guard the entrances to limit further entry into Nelson Hall West. Around 1:20 p.m., Toledo approached Moore and made a ‘T’ with his arms, backing Moore against a wall to allow for protestors to bring food and water into the building. Moore was uninjured but the petition for a workplace restraining order against Toledo details that Moore felt fearful and anxious. 

The Lumberjack reached out to Marketing and Communications, as well as Moore, for comment. Communications Specialist Melissa Hutsell said they were unable to facilitate an interview, and Moore did not respond to our email as of publication. 

Toledo was arrested for felony charges of assault, battery, false imprisonment and conspiracy on March 6, but the DA did not file conspiracy charges and is not pursuing felony charges. In a declaration written in support of Toledo’ s restraining order filed on March 3, Interim Dean of Students Ravin Craig said the university is seeking to expel him. Toledo has an ongoing conduct case to determine his future at the university. Though he is able to appeal Toledo feels like the odds could be stacked against him.

Moore’s workplace restraining order against Rick Toledo was dismissed 3 weeks after it was filed. Legal representatives were able to come to an agreement that Toledo would continue to stay away from Moore, and wouldn’t pursue legal action over the altercation directly.

“I’ve said this before, I don’t know Michael Moore,” Toledo said. “I don’t have this man’s phone number, I don’t bear any resentment towards him, I don’t know his address. So it was very easy for me to say, ‘Yes, I’m not gonna go near him.’” 

After about 10 minutes in the courtroom, Toledo and his supporters filed out back into the hallway and descended the stairs. Toledo, avoiding the crowd, stepped into a cramped elevator.

“They definitely felt the pressure,” Toledo said. “They won’t drop the charges without pressure. The fact that they didn’t let signs in and the fact that they freaked out about the amount of people shows that they’re feeling the pressure.”

Barley is the good-timing Editor In Chief of The Lumberjack, as well as a jack of all trades news writer. Contact him for any reason at bl258@humboldt.edu


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