Last two convicted protesters to serve time

Last two convicted protesters to serve time

April 30, 2012 8:35 AM
Michael D. Abernethy / Times-News

GRAHAM — Protesters charged after a 2009 demonstration at the Alamance County jail appeared in court for the last time on those charges this week as two of them pleaded guilty to violating their probation.

Patrick O’Neill of Raleigh and Francisco Javier Risso of Morganton appeared before Superior Court Judge Osmond Smith on Thursday, saying they willfully didn’t pay the $200 fine and court costs associated with their March trial.

Along with Audrey Schwankl of Pittsboro, O’Neill and Risso were found guilty March 8 of failing to obey a lawful command while demonstrating against Alamance County’s 287 (g) immigration program outside the jail in April 2009. The program trains and authorizes local law enforcement and jailers as federal Bureau of Immigration and Customs Enforcement officers for the purpose of deporting people in the country illegally.

Smith placed them each on 18 months’ unsupervised probation and ordered them to pay the fine and court costs, suspending a 10-day sentence in jail.

They surrendered to Graham police on charges of violating their probation earlier this month. Risso and O’Neill each spent a night in jail and were bailed out earlier this month. Schwankl remained in jail and was released April 16 on credit for time served.

O’Neill told Smith he wanted to serve time in solidarity with immigrants held in the jail under the ICE program.

“I think our actions brought a lot of attention to an injustice (we feel strongly about),” O’Neill said.

Risso said he weighed his options before paying the fine. A full-time divinity student at Wake Forest University, Risso also has a family to support and couldn’t afford the payment, he told the judge. Risso also said he and his wife have had a number of friends who have been arrested and deported under the 287 (g) program, which he believes is un-Christian.

Smith gave them credit for time served, ordering Risso to spend seven days in jail and O’Neill to spend six days in jail.

Earlier Thursday, a visiting superior court judge threatened O’Neill with confinement for contempt of court. Judge Andy Cromer was sitting on another case as Risso, O’Neill and several others waited for their case to be heard.

Members of the party were whispering to one another. The judge ordered them to be quiet or face 30 days’ jail time. O’Neill then whispered something to Risso.

“I’ve just warned everyone about talking and that applies to you, too,” Cromer said. “Sir, I’m getting ready to leave this county and I don’t want my last act here to be to put you in jail.”

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