Andy Lopez protester's case goes to jury

Jurors on Tuesday began deliberating the fate of a Santa Rosa man arrested while protesting the shooting death of 13-year-old Andy Lopez by a sheriff's deputy.

Ramon Cairo, 31, faces two misdemeanors in the Dec. 10 demonstration at City Hall in which he was accused of hitting officers with a protest sign while trying to force his way inside.

Cairo denied he is to blame for the brief dustup in the doorway outside a City Council meeting. His lawyer said in closing arguments that police caused the scuffle when they refused to allow Cairo and about 100 demonstrators to enter the building.

Attorney Izaak Schwaiger pointed to a video recording of the incident, saying it shows people engaged in a lawful act of civil disobedience being stopped by officers.

"It's not right. It's not fair. And it's not in keeping with the traditions of this country," said Schwaiger, who compared Cairo to civil rights activists such as Rosa Parks.

Prosecutor Chris Brown urged jurors to reject the notion that Cairo was acting for a higher purpose. He said Cairo had anger toward police that bubbled to the surface, leading to a physical confrontation.

Two officers testified Cairo hit them with a wooden protest sign resembling a cross.

"I'm asking you not to fall into the flowery picture that Mr. Schwaiger has painted," Brown said. "Hold him accountable."

Cairo, an ex-convict, faces up to a year in jail if convicted of resisting an officer by force and simple resisting arrest.

Judge Julie Conger dismissed a third count of disturbing the peace, saying the video recording played at trial showed a speech Cairo made to council members was calm and not incendiary.

"I do not feel this (charge) would withstand appellate review," she said.

A crowd of several dozen onlookers listened from the court gallery.

Cairo was one of several Andy Lopez shooting protesters to be arrested in demonstrations late last year. He is the first to take his case to trial.

Lopez was killed Oct. 22 by Deputy Erick Gelhaus, a 24-year law enforcement veteran who reportedly mistook an airsoft BB gun Lopez was carrying for an AK-47 assault rifle. Protesters are demanding criminal charges against the deputy.

A decision is pending from District Attorney Jill Ravitch.

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