Drop Charges Against Indigenous Activists Who Toppled Serra Statue, Open Letter Urges Marin County DA

Over 50 Bay Area community groups have signed an open letter urging the Marin County district attorney to drop the charges against suspects arrested for toppling a San Rafael statue of Junípero Serra on Indigenous People’s Day last year.

Marin County District Attorney Lori Frugoli charged the five suspects with felony vandalism for damaging the statue of the canonized 18th century Franciscan missionary by painting it red and toppling it off a pedestal at Mission San Rafael Arcángel on Oct. 12, 2020. All five defendants have pleaded not guilty.

The open letter, signed by the Indigenous Peoples Day 5 Solidarity Coalition and a large number of community groups, argues the five activists were singled out for being Indigenous during a demonstration against racism and colonization. "By continuing to press these charges, you are sending a message that prosecuting Indigenous community members is the best use of the resources of your office," it reads.

All five people facing charges are Indigenous women and Two-Spirited people, says the Indigenous Peoples Day 5 Solidarity Coalition.

Corrina Gould, a coalition member and spokesperson for the Confederated Villages of Lisjan/Ohlone, said the DA’s decision to prosecute continues a legacy of anti-Indigenous violence in California.

“I think when we are looking at the racism that happens in Marin County continuously with people of color, and the targeting of Native people that happens in these cities, we still need to have these conversations,” Gould said.

Gould and other community leaders held a press conference on Feb. 17 to decry Frugoli for “playing both sides.” Earlier this month, the DA’s office hosted a community conversation called “Responding to Hate Crimes, Racism and Antisemitism in Marin,” in which Frugoli discussed the historical and cultural pain in the county.

Frugoli is also facing criticism for her decision to not bring charges against a man caught on camera posting swastika stickers in downtown Fairfax, citing "insufficient evidence."

A petition circulated by the coalition of supporters for the Indigenous People’s Day Five — separate to the open letter — has so far collected over 75,000 signatures, and organizers are asking the community to contact the DA’s office to drop the charges. Hasmik Geghamyan, defense attorney for three of the defendants, said the DA could drop the charges at any time.

“The DA’s office has the power to refuse to follow this legacy of white supremacy by dismissing the case. But as of today, this case has not been dismissed and they elected to criminalize activists over a symbol of imprisonment and enslavement of Indigenous people,” said Geghamyan.

Frugoli’s office did not respond to KQED’s request for comment on the case. The defendants are awaiting a preliminary hearing date for later this year. Felony charges could carry a prison sentence of more than one year.

The statue was one of many historical monuments in the Bay Area that were removed during racial justice protests last year. During a Juneteenth rally, protesters in Golden Gate Park in San Francisco also toppled a statue of Serra and covered it in red paint. Monuments to former President Ulysses S. Grant and Francis Scott Key, who wrote the lyrics to "The Star-Spangled Banner," were also pulled down that day. But no arrests were made.

The Catholic Church has doubled down on its support of figures like Serra. San Francisco Archbishop Salvatore Cordileone performed a ceremonial exorcism at both toppled statue sites and said the protest was “mob rule.”

The fight to remove statues and monuments honoring Serra and other figures emblematic of colonization has been led in large part by Indigenous advocates across California. Reflective of a wider national movement to re-examine the legacy of such historical figures, the effort gained momentum during last summer’s protests over the killing of George Floyd and other Black people at the hands of police.

In June, San Francisco officials removed a Christopher Columbus statue from the city's Telegraph Hill. Another statue of Columbus at the state Capitol was removed in July, after protestors previously tore down a Sacramento monument to Serra.

“When we are taking down statues across this country in order for people to listen to the true history of what has happened in this county, by the bloodied backs of Native and African American people, we need to ask ourselves why these charges are being brought against these women in a court of law," Gould said in reference to the San Rafael statue toppling. “Let’s look for a different solution. Let us begin these conversations."

"Let’s start the healing,” she said.