Salt Lake woman could face life in prison, accused of buying paint for a protest

SALT LAKE CITY (KUTV) — What is it like to face the possibility of life in prison for allegedly buying paint and pushing a police officer?

Madalena McNeil faces that daunting possibility after being charged with criminal mischief with a gang enhancement.

The gang enhancer ups McNeil’s alleged crime to a first-degree felony that comes with one of the harshest penalties in Utah if convicted.

“I was really shocked because I just don't think any of the allegations against me warrant life in prison,” McNeil said.

Court records claim 28-year-old McNeil was seen on surveillance video buying paint from a Home Depot and shoving a police officer during the July 9, 2020 protest.

4 people charged with vandalism face life in prison; Salt Lake DA says that's unlikely

I feel that it sends a very extreme message to anyone who's considering acting out their civil right to protest, that they are going to be met with the harshest possible charges and response,” McNeil said.

McNeil says she was served a warrant on Tuesday evening and spent the night in jail.

She says she’s not scared because she believes she didn't do anything wrong but adds, “it would be silly to look at the potential of life in prison and not be scared.”

Legal expert Kent Morgan says he has rarely seen the gang enhancement law used in his 30 years of practicing law.

Morgan says it's traditionally used when one known gang enforces superiority over another known gang.

“Any individual that is not engaged in activity that's going to repeat and endanger people, again and again, is not somebody that the gang enhancement was often used for,” Morgan said.

The term "gang" under this statute is broadly defined as committing a crime by two or more people. Morgan says that was done intentionally.

“The gang enhancement was invented to make it more difficult for people to walk away from lesser crimes," he said.

Salt Lake City Mayor Erin Mendenhall said on Wednesday:

“I feel the potential punishment facing some protesters is excessive. While I believe there should be consequences for breaking the law, the potential to spend life in prison for buying paint is too severe.”

The charges can be reduced, but that has to happen by the prosecutor.

DA Sim Gill told 2News his office has to screen charges based on evidence and follow the statutes set by the legislature.

I have not seen somebody be sent to prison for life for what is otherwise a property crime," Gill said.

Alliance for a Better Utah issued a statement about McNeil's charges saying she has been a prominent organizer through Salt Lake Valley Covid Mutual Aid, making sure that protesters have food, water, and masks. The statement read:

In bringing exorbitant charges for low-level offenses against activists and organizers, the Salt Lake County District Attorney’s office, whether intentional or not, is sending a message to the public about the way it sees protests against police brutality. By choosing to bring disproportionate felony charges, District Attorney Sim Gill is reinforcing the narrative of an unjust, punitive criminal justice system that people have been protesting in the first place.

If Gill is serious about respecting the Black Lives Matter movement and ending police brutality, he has a responsibility to reflect that by carefully deciding how to respond to civil disobedience. These overly aggressive charges will only continue to erode the trust the public has in our law enforcement and criminal justice systems when Gill should be doing everything he can to restore that trust.

McNeil says she has retained an attorney. She wants to see a more robust discussion around how law enforcement and the criminal justice system see protesters.