Ferguson activist Elizabeth Vega has requested a new trial, claiming that a recently discovered video proves that St. Louis Police Chief Sam Dotson lied when he testified in the assault case against her, according to a motion filed on October 31 by Vega’s lawyer.
Two months ago, a St. Louis city jury found Vega guilty of wiping pepper spray on Dotson – a third-degree assault charge – during a May 2015 protest. A newly acquired video of the interaction between Vega and Dotson points out some discrepancies in Dotson’s testimony, the motion states.
The new evidence “calls his credibility into question in a way no video or testifying witness could have during the trial,” the motion states. “Most importantly, this new evidence would show Ms. Vega’s conviction was based on false testimony.”
Vega, who is the leader of the Artivists activist group, faces up to one year in jail on the misdemeanor charge. Her sentencing hearing is scheduled for November 21, and the motion for a new trial will be heard at the same time. Associate Circuit Judge Nicole Colbert Botchway allowed Vega to remain out on bond until sentencing.
The St. Louis Circuit Attorney’s Office said in a statement to The St. Louis American, “We believe the newly released video has no bearing on the ultimate issue in the case – whether or not Elizabeth Vega assaulted Chief Dotson. The assault is not captured on the video.”
The incident occurred at an evening protest outside of St. Louis Circuit Attorney Jennifer Joyce’s home in South St. Louis on May 19. The day before, Joyce had announced that then-St. Louis Police Officer Jason Flanery would not be charged in the shooting death of VonDerrit Myers Jr. in October 2014.
During the trial, the case came down to Vega’s word against Dotson’s, since no video of their interaction was available. The almost all-white jury had to decide whether Vega intentionally wiped her hand across Dotson’s chest, while shouting expletives at him – as the chief testified – or Dotson walked into Vega’s pepper-sprayed hand and then told her, “That’s assault,” as Vega testified.
The new video does not show the actual point of contact, but it shows Dotson walking towards Vega. The camera pans away and comes back to Dotson and Vega when she is already on the ground being arrested by Dotson. However, Vega’s lawyer Dramon Foster said Dotson’s advancement towards Vega is enough to discredit Dotson’s testimony.
“Chief Dotson’s testimony indicated Ms. Vega moved towards him while he ‘stood still’ and remained ‘stationery,’ and the video of the incident shows Chief Dotson walking a substantial distance towards her, while she remained at the ‘curb,’” the motion states.
It goes on to say that “no reasonable juror would have convicted her” if they realized Dotson had made “an untrue statement” regarding what led up to the point of contact.
“We knew that they lied, and now we just have evidence that they lied,” Vega told The American. “The video shows that he is clearly walking towards me, and he clearly knows the difference between walking towards and standing still.”
The American requested comment from Dotson on the motion, but the police department deferred any questions to the City Counselor’s Office. The American had not received the city’s response by press time.
After Vega’s conviction in August, Dotson told The American the case was “very important” to him because police officers have been doing a good job at protecting citizen’s rights to free speech.
“There’s a line,” Dotson said. “And when someone touches a police officer, they’ve crossed that line. She had her opportunity to have her day in court.”
Dotson was not injured or harmed, he told The American, and that’s why it’s only a third-degree charge for “making contact” with an officer.
Vega told The American that she believes Dotson accidentally bumped into her hand and then realized that he could nail her – a well-known Ferguson activist – on an assault charge.
“That night, they were trying to target people who have been consistently active in the movement,” Vega said.
Dotson denied that’s what happened. When asked what it meant that a leader of the protest movement was convicted, Dotson told The American, “These are the actions of an individual. I don’t think anyone should read into this as a case against a movement.”
Still, the case highlights the large rift that remains between police officers and Black Lives Matter activists in the city. The difference between the two sides’ accounts of that May evening was considerable.
On May 19, 2015, a group of about 40 protestors gathered outside of Joyce’s house. That spring, the Artivists visited several elected officials’ homes – including Mayor Francis G. Slay and Ferguson Mayor James Knowles III – and left lists of demands and protest art on their doors. The group placed on Joyce’s porch illuminated lightboxes honoring VonDerrit Myers Jr. and pledging to “fight back.”
Their demonstration was coming to a close when the first police car arrived, activists said. The officers jumped out of the car with guns drawn and started pepper spraying the group without giving a warning, Vega’s attorney Dramon Foster claimed in his closing argument. Immediately the group moved to the sidewalk, Foster said, and one protestor, Keith Rose, asked for the officer’s name.
That’s when one officer moved inches from Rose’s face and pepper sprayed him in the eyes, Foster said.
“Is that what the state wants you to believe is appropriate conduct?” Foster said.
However, in prosecuting attorney Stanislav Levchinsky’s closing argument, he argued that when the officers arrived, they repeatedly asked the protestors to step off the porch and the group refused. That’s when they started pepper spraying people, Levchinsky claimed. Some of the protestors were chanting profanities, which was shown to the jury in a video. Levchinsky said the police felt threatened by the crowd.
When Dotson arrived on the scene, Foster said Vega stepped towards him to try and tell him what his officers had done. And that’s when Dotson walked towards her.
Dotson testified that Vega was shouting, “You did this to us. (Expletive) you. (Expletive) the police,” and then she moved towards him.
A black female officer testified that Vega called her a “black b—ch” while she was arresting the activist. Above being convicted, Vega said she was most heartbroken about “the things they lied that I said.”
“I would never say any of those things,” Vega said. She has never used the “F—k the police” chant, she said, and has had debates with other activists about using it.
“It diminishes our humanity, and it’s counterproductive to what we are trying to do, which is to see each other,” Vega said.
Despite her loss, she feels that some good came from the trial. The prosecutor had to present into evidence photos of officers pepper spraying protestors who stood on the sidewalk, she said, and police were forced to justify that.
Vega could have accepted a plea bargain rather than taking the case to trial, she said.
“I chose to fight because I felt it was important that this conversation be had,” she said. “And it was important that power be held accountable for abusing their power.”
Follow this reporter on Twitter @rebeccarivas.
