Former UNM student Ben Tucker was prepared to defend himself in district court today against charges of inciting a riot in connection with a Sept. 21 anti-war protest that began outside the University bookstore.
Instead, the trial has been postponed at least until December so that Tucker's attorney can interview more officers who responded to the incident and witnessed his arrest. Tucker was one of four people arrested at the protest and was scheduled to be the first to go to trial.
"I've already entered a not guilty plea because they've charged me with inciting a riot, and I didn't do it," Tucker said.
The well-known protester and community activist is arguing that the police overreacted to the Sept. 21 march and said that some of the action bordered on misconduct. Albuquerque police officers at the march contend that Tucker and other protesters blocked traffic, refused to obey police orders to get back on the sidewalk and incited a riot or disturbance, according to police reports.
Tucker said that he is not surprised by the city's decision to pursue the charges against him.
APD Sgt. M.A. Garcia arrested Tucker and wrote in the arrest report that protesters were blocking traffic on Central Avenue.
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Garcia reported that Tucker was standing at the northwest corner of Central Avenue and Stanford Boulevard with a bullhorn telling protesters to block traffic and confront police.
"I told him to go onto the sidewalk and get out of the street, however, he refused to acknowledge my orders or me," Garcia stated in the report. "He continued to talk on the bullhorn. I then went to place him under arrest and he started to walk away from me as I was trying to put the handcuffs on him."
Garcia stated in the report that while trying to arrest Tucker, the protesters surrounded both of them and they were pulled onto the sidewalk with a force that knocked Garcia's glasses off.
Tucker disagrees with Garcia's report.
He said the protest was peaceful, with the crowd spilling into the gutter and bus lane on both sides of Central Avenue when marching back to the UNM Bookstore from Carlisle Boulevard. Tucker added that the bullhorn he had with him was barely functional.
"Basically it was like a carnival atmosphere with people coming out of shops to see what was going on," he said. "It was not at all confrontational."
Tucker said that police arrived when the group was heading westbound near the Central Avenue and Girard Boulevard intersection. He said that officers stopped traffic to allow the large group to cross the street quickly.
He said that by the time the group approached Central Avenue and Stanford Drive, officers had blocked off westbound traffic. He said that people on the south side of Central Avenue started crossing the street to return to the sidewalk in front of the UNM Bookstore, but stopped at the median, where there was a confrontation between police and protesters.
"A group of us already on the north side of Central stepped forward to see what was going on, which meant we spilled into the gutter and the right lane of street, but traffic was already blocked off by police," Tucker said. "When I stepped forward, Sgt. Garcia charged at me with a strange look on his face and reached for his handcuffs. I backed away but he tackled me and pushed me back into the crowd, knocking my glasses off. I kept repeating that I was not resisting arrest, he pulled me out of the crowd, had me kneel between two squad cars and cuffed me."
Following the exchange, Tucker was taken to the southeast substation, where he was charged with inciting a riot.
