SF obelisk protesters reach agreement with DA

Isabella Alves, Albuquerque Journal, N.M.
·3 min read

May 21—SANTA FE — After months of litigation, the First Judicial District Attorney's Office and most defendants in the case against demonstrators who helped topple an obelisk that stood at the center of Santa Fe's historic Plaza for 152 years have come to a resolution.

District Attorney Mary Carmack-Altwies offered all obelisk defendants the option to participate in a restorative justice initiative for first-time nonviolent felony offenders. Seven of the eight obelisk defendants chose to participate in the program. Only defendant Stephen Fox declined the initiative.

Fox didn't return the Journal's phone calls on Thursday and he currently doesn't have an attorney.

The defendants — Dylan Wrobel, Lauren Straily, Melissa Rose, Dawn Furlong, Ryan Witt, Lily Schweitzer and Zachary Young — faced a variety of charges ranging from criminal trespass and destruction to evading arrest.

"We've tried to use it in the past in a couple of different cases and for various reasons it hasn't worked," said Jennifer Padgett Macias, chief deputy district attorney. "But this particular case was just right for the opportunity to explore some creative alternatives outside of the formal criminal justice process."

Carmack-Altwies said the justice system must stop over-criminalizing and over-punishing non-violent felonies.

The announcement drew criticism from Union Protectiva de Santa Fe, a Spanish fraternal organization.

"What a shameful day for New Mexicans and all Hispanics that District Attorney Mary Carmack-Altwies cut sweet plea deals for the people who destroyed and desecrated one of the Hispanic community and northern New Mexico's most treasured cultural icons," Virgil Vigil, president of Union Protectiva, said in a statement.

On Indigenous Peoples Day protesters toppled the obelisk, known as "Soldier's Monument," because of what it stood for. Originally dedicated to soldiers who fought Civil War battles in New Mexico — many of them New Mexicans of Spanish heritage — an inscription was later added to honor the "heroes" that fought against "savage Indians." The word "savage" was chiseled away by an anonymous Native American man in the 1970s.

"When the obelisk came down the way that it did, it became a criminal justice issue," Carmack-Altwies said. "But even prior to that, it was very clear that it was an emotionally charged, highly charged issue for two different sides."

Restorative justice was the only way to get reconciliation for both sides, Carmack-Altwies said. The defendants have to take responsibility for their actions and participate in the program run by Common Ground Mediation Service for six months to two years.

Carmack-Altwies said this may include community service and meeting with those they've caused harm to, such as police officers.

The District Attorney's Office put up $1,500 in seed money for the program, and the defendants are responsible for the rest of the program's cost.

Eric Sirotkin, defense attorney for Wrobel, said he feels the restorative justice program was a good resolution for the case. He said the process gives everyone a chance to have their voice heard.

"I feel like the message it sends to the community is that we will take every case on a case by case basis," he said. "I think that we can be creative in our resolution of conflict within a city and that we value human relationship over property."

Defense attorneys for other defendants either declined to comment or didn't immediately respond to phone messages on Thursday.

Meanwhile, the city's Arts Commission met Thursday to discuss the idea of temporarily replacing the monument with an art piece. About two dozen people spoke during the public comment period of the meeting to share their thoughts and ideas, but the commission put off a decision until a later date.

The City Council will ultimately decide on a permanent replacement for the monument.

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