Video footage of Portje being arrested at a Sausalito homeless encampment.
A freelance photojournalist will not be charged after he was arrested last month at a homeless encampment in Sausalito working on a story about homelessness.
Jeremy Portje, 43, is a Marin-based photojournalist who was arrested on Nov. 30 while filming at an encampment at Marinship Park. An officer attempted to block his camera, and when he seized Portje's camera, he accidentally hit himself with it. Portje was then struck by the officer, according to witnesses of the incident.
Video of the altercation published by the Pacific Sun shows Sausalito police officers arresting him while witnesses at the encampment protest. His camera and equipment were confiscated.
Sausalito Mayor Jill Hoffman to KCBS Radio after the arrest that Portje faced three charges: battery on a police officer, battery on a police officer requiring medical treatment and resisting a law enforcement officer with violence.
But the Marin County District Attorney declined to pursue the charges on Tuesday, according to a press release.
After Portje's arrest, police obtained a warrant to search his equipment and its contents for evidence of a crime.
District Attorney Lori Frugoli decided not to review the confiscated materials and declared her office would not be pursuing charges on the case, stating that the "prosecutorial burden was not met based on what prosecutors discovered during their review."
"While we take all allegations of assault on a police officer seriously, in this case a team of veteran prosecutors who reviewed the case found that the evidence did not show beyond a reasonable doubt that Portje intended to injure the officer," Frugoli said in the statement. "Beyond a reasonable doubt is the standard of proof required by ethical and legal standards for prosecutors to move forward with a case. It is a higher standard than probable cause, which is the standard required by law enforcement to make an arrest."
Sausalito Police Chief John Rohrbacher told KCBS Radio in a statement that he was disappointed with the decision "not to file charges against a man accused of striking a police officer with his camera," he said.
"I am concerned that the DA's decision will encourage the continuing aggressive behavior of Jeremy Portje toward police," the statement continued. "While I am disappointed, I respect the District Attorney’s decision. Moving forward, we want to assure the public that the Sausalito Police Department will continue to protect and serve the people of this community."
Related
