KGUN 9 On Your Side, Tucson News, Weather & SportsUA Student arrested for using sidewalk chalk, accused of disruption

UA Student arrested for using sidewalk chalk, accused of disruption

Jacob Miller is a graduate student at the U of A, now facing criminal charges for what he did to support funding for public education. Some believe, the charges are outrageous.

Miller says, he's got a clean record, until now.  "These are criminal charges. These are serious charges, so of course i'm concerned", said Miller. He was part of a rally, on campus Thursday afternoon, to support public education, but it's what happened before the rally that got him in big trouble.

Jacob and other students used sidewalk chalk to support the cause, by drawing pictures and writing phrases to promote the rally. He says, one campus officer said it was ok, but soon everything changed.

"Eventually he explained to me that it was somehow a criminal offense, a law had been broken and I was going to be arrested", said Miller.

U.A. police agreed to give KGUN 9 an interview, but then backed out. They did say, that Miller is facing a charge of criminal damage that cost $1,000 to clean up as well as interfering with an educational institution.

Steve Sherick, a criminal defense attorney in Tucson said, "It seems to me that the arrest and prosecution is pretty ridiculous." Sherick also believes, the charges should be dropped, in violation of first amendment rights. "If you look at the cases under the first amendment, the public sidewalk is where people have the highest level of protection and free expression... let him draw his picture on the sidewalk. Let them have their demonstration, and as long as theyre peaceful and not disruptive, forget about it. Let it go."

Because Miller is accused of causing $1,000 in damage, he should be facing a class 6 felony. That charge could carry a penalty of up to 2 years in prison, and require a payment of up to $250,000 in fines. Don't forget about the penalties for the other charge he's facing.

But U.A. police told told KGUN 9, because of an agreement with the County Attorney's Office, they've lessened the charge to a misdemeanor. Miller says he isn't sure if he will accept that deal until he shows up for court in a few weeks.

President Robert Shelton said he needs to review what happened before commenting on it.