Deferral Program Lets Some Seattle Protesters Skirt Charges

SEATTLE — Some protesters who were arrested in Seattle will not face criminal charges if they choose to enroll in a deferral program instead, city attorney Pete Holmes announced Wednesday.

To avoid a criminal charge, protesters who were arrested will be required to attend CHOOSE 180, a diversion program geared toward young adults. In a deal with the Seattle City Attorney's office, the program will be open to people of all ages.

"If a young person is arrested and engages in the CHOOSE 180 workshop, my office will not file a criminal charge," Holmes said in a statement.

Enrollment in a CHOOSE 180 workshop will be based on referrals from the city attorney's office, which only prosecutes misdemeanor offenses committed within Seattle city limits.

CHOOSE 180 is operated by executive director Sean Goode. The program is a community-based and community-run workshop that Holmes said helps further Seattle's "restorative approach toward justice."

“Sean [Goode] has graciously offered to accept any person we refer, regardless of age, who was arrested in recent protest events," Holmes said. "After engaging with [Goode's] team to work through their experience, they’ll be connected to an organization that will help them advance the cause that they were passionately protesting for."

Holmes said that after a person engages with the CHOOSE 180 program, he will toss their criminal case referral: "No criminal charge. No criminal record. No jail."

Holmes said attorneys in his offices will look closely at each arrest and its corresponding police report and body camera video to find candidates to refer to CHOOSE 180. Meanwhile, felony-level incidents will be referred to the King County Prosecutor’s Office.

Two weeks before protests broke out in Seattle, Holmes began work on a similar pre-filing diversion program for adults based CHOOSE 180's success. He said his goal is to find community-based partnerships to help Seattle residents avoid gaining criminal records.

Any new program enacted in Seattle will be required to undergo a Racial Equity Toolkit, he said

“We’re on the brink of fundamental, structural justice system realignment," Holmes said. "Let’s embrace it. Black Lives Matter.”