Palestine Activist’s Charges Dismissed Due to Unlawful Arrest by UFPD

Parker Hovis was arrested on April 29 and charged with trespassing and resisting an officer without violence. Hovis’ charges were dismissed yesterday after Judge Susan Miller Jones determined his arrest was not lawful.

“First, as to Count I, the record is devoid of any evidence that the defendant was trespassed from UF’s property. '[I]f the State fails to present evidence to establish a prima facie case of the crime charged, then a judgment of dismissal is proper.' N.C. v. State, 300 So.3d 310, 312 (Fla. 3d DCA 2020)(quoting C.T. v. State, 238 So.3d 857, 859 (Fla. 3d DCA 2017). Second, as to Count II, the State failed to provide evidence that arresting officers were engaged in a lawful duty when they arrested the defendant and failed to provide evidence that officers had an articulable, well-founded suspicion of criminal activity. 'if an arrest is not lawful, then a defendant cannot be guilty of resisting it ... the common law rule still remains that a person may lawfully resist an illegal arrest without using any force or violence.' Jay v. State, 731 So.2d 774, 775 (Fla. 4th DCA 1999). 'Under section 843.02 it is apparent that the proof of the legality of an arrest is an essential element to be shown by the prosecution.' Lee v. State, 368 So. 2d 395, 396 (Fla. 3d DCA 1979). See also C.W. v. State, 76 So.3d 1093, 1094. '[T]he absence of such proof is similarly fatal to the State’s prosecution.' N.C., 300 So.3d at 312. Such is the case here," states Judge Jones. 

Hovis was arrested after sitting in a chair at a pro-Palestine protest held at the University of Florida (UF) Plaza of the Americas. 

Chairs were determined a “prohibited item” by UF Student Life. 

In an act of defiance, Hovis sat in a chair. He would first go across the street and set his chair up a couple of yards from where the UF Police Department (UFPD) was having a discussion. 

Officers told Hovis he’d be arrested if he continued sitting in the chair. 

Hovis moved back across the street where the protest was set up and was joined by two more protesters who also sat in chairs. The three played a game of Uno. 

UFPD gathered across the street and consulted with state troopers and Gainesville Police Department (GPD) officers. Protesters formed an arm chain circle around the protesters. 

Police walked over to the protest and arrested Hovis and the other two protesters for sitting in chairs. Shortly after, officers arrested six more protesters who were gathered around the area. 

Hovis dismissal motion states, “There was testimony at a hearing by one current student of 7 years and another who was a student for 3 years. They both indicated that, in their experience, chairs were never against policy. They testified that they have seen others in chairs and not been arrested previously.”

Hovis was the only protester out of the nine arrested to have all their charges completely dismissed. Six protesters took deferred prosecution agreements, and two were granted guilty adjudications.