A federal grand jury has refused to indict a Chicago couple arrested during a violent protest outside the U.S. Immigration and Customs Enforcement facility in Broadview last month, a rare move that signals prosecutors may have overreached in bringing the case.
Ray Collins, 21, and Jocelyne Robledo, 30, a husband and wife from the South Side of Chicago, were each allegedly carrying loaded guns with them as they scuffled with officers who were trying to widen a security perimeter during a melee in late September. Both have lawful permits to carry the firearms.
Their case had been set Wednesday for a preliminary hearing, which rarely goes forward because the U.S. attorney’s office typically seeks an indictment from a grand jury.
Instead, prosecutors abruptly filed a motion to dismiss the case.
In court Wednesday, Assistant U.S. Attorney Brian Havey told U.S. Magistrate Judge Gabriel Fuentes, “Yesterday the government presented a category of charges to the grand jury… a no-bill was returned.”
Fuentes asked Havey “when was the last time this happened in this district?”
“It happens periodically, judge” Havey replied.
Collins’ attorney, Richard Kling, told the judge he’s grateful the citizens of this district “stood up for the rights of the people to protest and the First Amendment.”
All of the charges stem from the same incident Saturday evening outside the facility in Broadview that saw agents deploy tear gas and other weapons on protesters. Federal officials said that a total of 11 people were taken into custody, including a journalist.
Protesters have held near-daily demonstrations at the ICE facility since DHS announced earlier this month it was launching “Operation Midway Blitz” to ramp up enforcement actions targeting immigrants lacking permanent legal status.
Federal agents have fired tear gas and baton rounds at protesters, continuing a trend of events that have become increasingly physical between officials and demonstrators. The charges also came a day after ICE and Border Patrol agents made a show of force downtown.
Havey had asked that Collins be held without bond, saying he was a danger to the community because he “brought a loaded pistol to a volatile situation.”
“We are seeing now with these ongoing ICE operations very disturbing and aggressive protests,” Havey said.
Kling, said his client lives in Englewood and carries his gun for protection. He has a FOID card and concealed carry license and never leaves home without it, Kling said, but there was no evidence he ever brandished it or intended to use it during the protest.
U.S. Magistrate Judge Gabriel Fuentes said it was a “very close call,” but had ordered Collins held pending trial, saying he showed extremely poor judgment bringing a loaded gun to an ICE protest where tensions were high.
Fuentes noted there has been “a tendency for ICE to be very aggressive in enforcing the law and managing these protests, and that it was “not a surprise that there was a confrontation” in Broadview that night.
The judge noted even if Collins had not intended to use his gun, it could have led to disaster. “Other people could have been hurt,” he said.