Case Concludes for Warren Barnes

On October 28, 2011, Warren Barnes entered judge Melchor E. Castro's court at 10:32 AM. He was arrested on June 27 for refusing to give his name to an officer attempting to write him a ticket for jaywalking. He was charged with obstruction of governmental administration for not identifying himself. Barnes crossed a less-than-busy-and-blocked-off-by-cops Monroe Ave. after videotaping Rochester Police Department officers stopping and frisking a group of people of color.

Ironically, this was the same day that Emily Good had her charges withdrawn by the DA's office for lack of evidence regarding her legal right and activity of videotaping police officers conducting a racially-based traffic stop in front of her home.

Public defender Virginia Myers stepped up to the bar with Barnes on her left. The assistant district attorney, Elanor Biggers, had offered Barnes a plea bargain; he would plead guilty to disorderly conduct and do 40 hours of community service. His case would be over. Barnes and Myers spoke at length in the lobby; it seemed that Barnes wanted the case to end and was agreeable—with reservations—to the plea deal.

Biggers offered the plea before Barnes, Myers, and Castro. Barnes firmly—but politely—interjected and asked that the charge be read. The judge looked around on his desk and eventually found a document with the charge—walking in the middle of the street causing vehicular traffic to stop. Barnes thanked the judge.

“I actually like you,” said Castro. “I like people who assert their rights. I'm proud to be a judge here because everyone who practices here tries their best.”

“If I don't speak for myself, no one else will,” said Barnes.

After a few more polite exchanges, Barnes accepted the plea deal. The judge said that probation would direct him to local organizations where he could do his community service. He continued that if they didn't have a specific place or organization for Barnes, that a list would be provided to him to select a place of his choosing. He also told Barnes that he owed a court surcharge of $120. Barnes questioned the “surcharge.”

“Anyone convicted of any crime has to pay a surcharge,” Castro said. “The amount is based on the severity of the crime.”

Barnes acknowledged this and the judge adjourned the case. The judge wished him luck.

Upon leaving the court room, Barnes said, “I hate myself for not going to trial. I'm half relieved and half hungry and tried.”