Activist who smeared his own blood on wall of Portland City Hall gets 2 years of probation

A judge sentenced a Portland activist to two years of probation for smearing his own blood on the wall of Portland City Hall after three security guards forcibly removed him from a City Council meeting.

David “Kif” Davis told the judge he’ll react differently in the future.

“The reality is that I just went to City Hall to film a meeting and this is all what happened,” Davis said Thursday during his sentencing hearing. “And yes, I could have handled myself better. And in the future I will, even if I do perceive myself to be a victim and that I’m doing nothing wrong by rubbing my blood on the wall.”

After a three-day trial last week in Multnomah County Circuit Court, a six-person jury found Davis guilty of second-degree criminal trespass for refusing to leave council chambers when told to and third-degree criminal mischief for putting his blood on the wall, which featured a mounted art display. The jury acquitted him of one charge of second-degree criminal mischief.

Davis, 49, has been a frequent critic of Portland police and local government and describes himself as a police watchdog and citizen journalist. He Tweets and posts videos of meetings or officials on YouTube. He also has questioned public officials on video as they’ve left City Hall or walked the streets of downtown, including Oregon Attorney General Ellen Rosenblum and Oregon Supreme Court Justice Adrienne Nelson.

City leaders in recent years have seen Davis and others in a small group of activists as a problem. The activists frequently show up at City Council meetings and shout at the mayor and commissioners. In response, Mayor Ted Wheeler has shut down meetings and had the activists thrown out of City Hall for the day. Others have been accused of stalking local officials.

The city also has increased security. City Hall security costs stood at $175,000 in 2016, but swelled to $847,000 in 2018. Over the objections of activists, the City Council in May approved spending $2 million a year for private security guards to monitor city-owned buildings.

The latest kerfuffle involving Davis began Jan. 9 after security guards asked Davis to turn off a white light shining from his handheld video camera, which he had planned to use to record himself testifying before the City Council.

On video taken by a bystander and shown in court during the trial, Davis is seen getting up and walking around the council chambers as at least one security guard tries to grab his camera. Another activist, Joe Walsh, begins yelling, calls a commissioner a derogatory name and tells the commissioner to “shut up!” The mayor then calls for a recess and security clears the council chambers.

Moments later, the video shows three security guards tugging and pulling at Davis and they ultimately succeed in ejecting him from the chambers and shutting the door.

Davis’ hand was cut in the process -- he said by the fingernails of one of the security guards.

“Oh look at this,” Davis says to the camera, holding up his bleeding hand. “Look at all of this blood. ... I need to get this blood off my hands.”

The video shows him Davis rubbing his blood on a wall, which is affixed with miniature statutes.

Over the next several minutes, the video shows him rubbing his blood on the wall four more times. At one point, he wrote the letters “F,” “U” and what appears to be part of a “C” onto the wall, according to the Multnomah County District Attorney’s Office.

“This is what City Hall is about, bloodying and bludgeoning its citizens,” Davis says on the video. “This is (Commissioner) Jo Ann Hardesty’s new Portland, Oregon.”

During Davis’ sentencing hearing, a small group of people including Walsh sat in the courtroom gallery to support him.

Walsh told the judge that Davis made a mistake in acting the way he had, but he said Davis does important work speaking out to help others. "Don’t punish this man, honor him!” Walsh said.

Davis told the judge that the Jan. 9 encounter has caused him to change. He said he hasn’t been to City Hall much lately and realizes it’s better for his mental health and safety.

Davis said he has post traumatic stress disorder and that security guards crowding around him is a problem.

Davis said even though he hasn’t been active lately, he didn’t believe the judge could constitutionally restrict him from City Hall or from asking questions of the mayor or other public officials. Davis said it’s also his constitutional right to question officials on the street.

“I should not have my rights curtailed just because they don’t like me or they don’t like the questions I’m asking,” he said.

Judge Andrew Lavin agreed in part, saying he didn’t think he could bar Davis from City Hall as the prosecution had requested. But the judge ordered Davis not to follow any city employees or security guards when they’re within 500 feet of City Hall.

Davis also must abide by any “legal directive” given by City Hall employees or security guards while at City Hall or within 150 feet of it, the judge said.

Lavin said he believes Davis is sincere in saying he regrets his actions but “time will tell.” The judge also sentenced Davis to 80 hours of community service and a mental health evaluation and treatment if recommended.

The judge told Davis he wanted to “give you a chance on probation in hopes that’s going to be more helpful to you -- and more helpful to everybody who your behavior has affected -- in the long run.”

-- The Oregonian/OregonLive

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