U.S. Magistrate Judge Gabriel Fuentes expressed significant concerns regarding the handling of prosecutions connected to the September protests outside a federal immigration facility in Chicago. On October 19, 2023, he dismissed a misdemeanor charge against Dana Briggs and highlighted the unusual nature of the cases under what has been termed Operation Midway Blitz.
In his nine-page opinion, Judge Fuentes emphasized that the circumstances surrounding these prosecutions are unprecedented for the Everett McKinley Dirksen United States Courthouse. He noted the rare occurrence of swift charges brought by the U.S. Attorney’s Office, stating that it was unusual for the office to either fail to secure an indictment from a grand jury or to be forced to dismiss cases deemed non-probable.
The five individuals charged in relation to the September 27 protests included Briggs, Ray Collins, Jocelyne Robledo, Paul Ivery, and Luci Mazur. Ultimately, the prosecution dropped the charges against all five participants due to various reasons. Fuentes pointed out that in the cases of Collins and Robledo, the grand jury issued a “no bill,” which indicates a refusal to indict. This outcome is notably rare; Fuentes remarked that such a decision had not been seen in the district for many years.
The judge also referenced sworn statements obtained in these cases, affirming that the allegations made in affidavits were corroborated by existing video evidence. He cited a ruling from U.S. District Judge April Perry, who questioned the federal agents’ ability to assess facts accurately. Additionally, he noted that U.S. Border Patrol Commander Gregory Bovino was included on Briggs’ witness list, and U.S. District Judge Sara Ellis found that Bovino had provided false testimony regarding events in Little Village.
Judge Fuentes characterized these findings as “extraordinary judicial determinations,” asserting that being charged with a federal felony, even if later reduced to a misdemeanor, is a serious matter. He emphasized that any responsible federal prosecutor should act with utmost caution when directing actions against citizens.
Following the judge’s remarks, Joseph Fitzpatrick, a spokesperson for U.S. Attorney Andrew Boutros, stated that the office is continuously assessing new information related to cases stemming from Operation Midway Blitz. This review process applies to all ongoing and charged matters.
Judge Fuentes, who has served as a magistrate judge for over six years after a lengthy career as a federal prosecutor and attorney, reiterated that the dismissal of these cases should not be construed as a reprimand of the government. He acknowledged that such dismissals might be necessary given the circumstances.
In closing, he remarked that the U.S. Attorney’s Office in Chicago has historically upheld a commitment to “doing the right thing.” He urged that this principle should continue to guide their actions moving forward.
