Jul. 18—The federal government released two people remaining in jail Friday afternoon charged with crimes following a mass protest against federal immigration authorities, but the release didn’t come without a fight from prosecutors.
Mikki Hatfield, 34, and Bobbi Silva, 38, are two of nine people who were indicted by a federal grand jury earlier this month and charged with crimes of violence against U.S. Immigration and Customs Enforcement during a chaotic Spokane protest last month. The first seven people charged with conspiracy to impede or injure federal officers were released Tuesday pending trial, while Hatfield and Silva remained in jail based on their additional charges of assault against a law enforcement official.
Everything sparked June 11 when two asylum-seekers were detained by ICE at a routine immigration check-in. Former City Council President Ben Stuckart, one of the immigrant’s sponsors in the U.S., had posted a call to action on social media urging people to show up. Stuckart was also one of the nine people arrested and later released by federal authorities this week.
The government alleges the nine defendants used “force and threats” against federal agents to “impede” the transport of federal detainees to their immigration hearings in Tacoma and to “coerce the release” of the detainees.
According to the grand jury indictment, Silva is accused of striking a federal officer from behind as the officer tried to clear the path for transport vehicles to leave ICE’s local Spokane operations building at 411 W. Cataldo Ave. Hatfield is accused of throwing a “deployed incendiary device” at Spokane police officers and Spokane County Sheriff’s Office deputies.
Both appeared in court Friday morning so a judge could determine if they should be released or remain in jail pending trial.
The government, represented by Assistant U.S. Attorney Lisa Cartier-Giroux, objected to Hatfield’s release Friday. Although Hatfield has no criminal history, the government said Hatfield is a “danger to the community” and their “conduct was relentless” during the nine-hour protest. She noted Hatfield could face up to 20 years in prison.
The government also said Hatfield made a threat against ICE agents on social media in which they posted the statement, “I like my ice crushed.” Cartier-Giroux called the statement an open declaration against ICE and asked the judge to consider that behavior when deciding whether to release Hatfield.
Hatfield’s attorney, David Partovi, found the comment humorous.
“The concept that he likes his ice crushed … That’s funny!” Partovi said in open court, prompting laughter from the audience and even some U.S. Marshals standing by. “That’s a political joke. It’s pervasive and protected political speech. To call it a threat, well, in fact, everything about this case is political speech.”
Hatfield’s mother agreed to move them to Boise, where they could be better taken care of pending further court proceedings. Hatfield is currently couch-surfing, Partovi said, but there’s little indication they would flee or avoid responsibility. Partovi also cited Hatfield’s efforts to stop using marijuana since June as a reason for release.
Silva was also released Friday morning, according to court records. The initial petition to continue to detain her was based on “intent to cause another felony” and “physical contact” with police, according to a U.S. Attorney’s Office news release.
Cartier-Giroux pressed for Silva to remain in detention, noting two separate phone calls Silva made to her mother and son while in jail. During the conversations, Silva asked for some boxes to be removed from her house. Cartier-Giroux said her mother agreed to do it and so did her son. It led the government to probe Silva’s mother as an un-indicted, alleged co-conspirator, prosecutors said in the hearing Friday, but no charges against Silva’s mother have been filed.
Silva’s defense attorney, Karen Lindholdt, said a man named Carlos, presumably Silva’s partner or family member living in the home, was detained by ICE. Silva was worried about the boxes because there was no one living in the home at the time and her stuff had been taken or stolen before, her attorney said.
Each defendant faces their own release conditions based on their circumstances, but they are required to appear at all court dates, report to their respective probation officers, surrender a passport, no drugs, guns or weapons and no additional criminal charges.
Caroline Saint James’ ‘s reporting was funded by Comma’s First Amendment Club.
