Marin Catholics protest dropped charges for statue vandals

A crowd of protesters gathered at St. Raphael's church in San Rafael on Tuesday, outraged by the district attorney's decision to reduce the charges of demonstrators who tore down a religious statue at the site.

The rally, which drew about 20 to 30 demonstrators, featured participants carrying picket signs and chanting as they marched through downtown San Rafael, calling for a reversal of the decision and the unseating of District Attorney Lori Frugoli.

"We have been ignored. We are not going to be ignored any longer," said Melanie Morgan of Novato. "Justice does not mean probation for a bunch of people who tore down an icon of the Catholic religion. It means they should have faced some jail time."

Many of the participants said they were practicing Catholics from Marin. They called the defacement of the statue, depicting the 18th century canonized Catholic priest Junipero Serra, a hate crime. Some expressed concern that the reduction in charges could invite further acts of vandalism against all religious communities.

Joe Tassone of San Rafael said the punishment was a "slap on the wrist." He contended that the defendants would have been charged with a hate crime if the vandalism had occurred to a religious icon at a non-Christian site.

"We’re upset at the lack of rule of law," he said. "If it was a synagogue or a mosque, people would be spending years in jail."

A group of demonstrators were charged with felony vandalism for tearing down the statue during a demonstration in October 2020 on Indigenous Peoples Day.

The defendants accepted a plea deal Thursday in Marin County Superior Court which reduced the charges from felonies to misdemeanors. The defendants were offered diversion, which will allow the case to be dismissed entirely if they meet certain conditions.

Protesters covered the Serra statue with red paint, tied straps and ropes around its neck and tore it down. They also painted "rape" on the base of the statue.

Faye Bourett, a parishioner and protest organizer, said the demonstration sought to put political pressure on the district attorney's office to be tougher on potential religious hate crimes.

"I think we can still put pressure on the DA by doing this," she said. "We need to keep that message in the forefront for her. She's not up for re-election for four years so we’ve got lots of time to talk to her."

Serra founded nine of the 21 historic missions in California, which include the rebuilt mission next to St. Raphael Catholic Church on Fifth Avenue.

Pope Francis canonized Serra in 2015, despite the controversy surrounding the missionary.

Protest organizers said they were members of the Coast Miwok tribe. They have accused Serra of atrocities toward Native American cultures.

The defendants, and their ages when they were cited, include Victoria Eva Montano Pena, 29, of Oakland; Melissa Aguilar, 23, of Novato; Mayorgi Nadieska Delgadillo, 36, of San Rafael; Moira Cribben Van de Walker, 25, of San Anselmo; and Andrew Lester Mendle, 45, of Novato.

The defendants accepted the plea offers Thursday morning before Judge Geoffrey Howard. Under the diversion deal, the prosecution reduced the felony charges to misdemeanors, and Howard suspended criminal proceedings.

If the defendants satisfy the diversion conditions, the charges will be dropped in a year. The conditions require the defendants to perform 50 hours of volunteer work, apologize to the church, remit various court fees and pay restitution to the church. The restitution amount has not been determined.

The defendants also have to "participate in a community forum to be held in the coming months with a credible historian who will give stakeholders a chance to have a meaningful dialogue about the issue," the district attorney's office said.

Frugoli said the resolution followed a "thorough case review" and consultations with church representatives and community stakeholders.

The defendants were eligible for the offer under a county "restorative justice program," which allows offenders to meet with community facilitators to discuss the impacts of their actions.

In a written statement released last week, Frugoli said she believed justice was served.

"While this issue has raised emotions because of the sensitivities around religion, community boundaries, and historic inequities, the fact is that a resolution through accountability has been reached through restorative justice and that is a victory for this community," she said.

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