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Kane County state’s attorney: Aurora police acted appropriately during anti-ICE school protest

Aurora police officers acted within the scope of their authority and didn’t use excessive force during a February student walkout protesting federal immigration tactics, the Kane County state’s attorney announced Monday.

Kane County State’s Attorney Jamie Mosser said in a news release that her office launched an investigation following allegations that Aurora police used excessive force during the Feb. 9 protest, which involved hundreds of Aurora students leaving school and walking toward the downtown area and City Hall. The walkout resulted in the arrest of three students.

As part of its review, the state’s attorney’s office analyzed body-worn camera footage, civilian recordings, police reports and other evidence, officials said.

According to the state’s attorney’s office, protesters were “creating a safety hazard by walking on the roadway instead of the sidewalk.”

Despite Aurora police officers giving clear orders to return to the sidewalk, officials say, many of the protesters did not comply. Some were “more brazen in their non-compliant behavior, including walking into traffic, participating in fights and disturbances, and making gang-related gestures while also throwing objects at officers,” according to the news release.

When an Aurora police sergeant decided to detain two of those individuals, they tried to break away and flee, authorities said. As a result, they were arrested. They then resisted being arrested, officials said.

One officer was on his way to assist the sergeant when he accidentally knocked into a protester, the release said. According to authorities, the protester hit a tree, fell and then got up and struck that officer in the head. The protester was arrested for striking an officer. He also resisted arrest, officials said.

“Our office fully supports every person’s First Amendment right to peacefully protest, and the vast majority of this student demonstration was conducted safely and without incident,” Mosser said in a statement. “However, that right does not extend to unlawful behavior that creates serious public safety risks.”

She said a small number of protesters “chose to push the boundaries of the law by entering roadways, ignoring repeated lawful police orders to return to the sidewalk, and in some cases walking directly into oncoming traffic, endangering themselves and others.”

Mosser added that officers have the authority to issue lawful commands to prevent harm.

“Individuals are required to comply with those lawful orders, and they may not flee when an officer is attempting to detain them,” she said.