PORT ANGELES — Devon Gray, a tree activist who was arrested while protesting the falling of the Lions Park sequoia in January, will have her charges dismissed if she completes 16 hours of community service, her attorney said.
Gray, 64, of Port Angeles, was taken to the ground and handcuffed near the stump of the tree shortly after it was cut on the morning of Jan. 3.
She was charged in Clallam County District Court with second-degree criminal trespass and obstructing a law enforcement officer for allegedly refusing to leave the park after it was closed.
Gray has maintained her innocence.
The obstructing charge was dismissed on a motion made by defense attorney Karen Unger.
The city of Port Angeles amended the charge to include resisting arrest, Unger said.
The case was scheduled to go to trial last Wednesday. The trial was continued for six months on a stipulated order that the remaining charges will be dismissed if Gray completes her community service and pays $100 in court costs.
“I think it was good resolution,” Unger said Friday.
“It’s always a good resolution when you have a dismissal.”
Gray was exonerated of her conditions of release, which included a prohibition against entering Lions Park near her home.
If Gray completes her community service, the case would be dismissed with prejudice, meaning the charges cannot be re-filed.
Gray was not available for comment Friday.
Save our Sequoia, a community group that fought with city officials over the decision to cut the redwood, has maintained there were no signs posted at the park to indicate it was closed when Gray was arrested.
A city crew cut the tree at about 7:30 a.m. Jan. 3 without prior notice from the city.
Officer Joshua Powless said he observed two males yelling loudly in anger and a woman later identified as Gray yelling aggressively at city workers after the tree was cut, according to the affidavit for probable cause.
Powless said he warned Gray multiple times that she would be arrested if she did not comply with his orders to leave the park, the officer said in the court filing.
“I advised Gray that she was under arrest and to place her hands behind her back,” Powless wrote.
“As I did so, I took hold of Gray’s arm, but she immediately began to pull away from me. I used a bent arm bar take-down to guide her to the ground and placed her in handcuff restrains.”
A video of Gray’s arrest was posted to YouTube, www.youtube.com/watch?v=dlOSLYXvWy4.
“I’m going to arrest you for eco-terrorism,” Gray could be heard telling the officer.
City officials said the sequoia posed a safety risk and had shallow roots that were damaging nearby property.
City Manager Nathan West said the decision to cut the tree was made after a 2 1/2-year public process that involved a citizens’ subcommittee, public meetings, multiple arborist reports and the development of a tree removal policy.
Environmental and civil rights attorney Elizabeth Dunne of Save Our Sequioa hired a master arborist to conduct a full-scale risk assessment of the sequoia in December.
Arborist Katy Bigelow concluded that the tree’s co-dominate stems could be secured by an inexpensive dynamic cabling system.
Save Our Sequoia, which named the tree Hope, objected to Gray’s arrest and the charges that were filed against her.
“I’m glad that the city finally conceded to dismissal of all charges, but extremely disappointed that the city chose to do so only after a significant amount of time, energy, and cost to everyone,” Dunne said in a Wednesday email.
“The city has mishandled this situation from beginning to end and it cannot reconcile its rhetoric about wanting to heal the community with its continued prosecution of Devon up until the very last minute.
“The city has, so far, also failed to make good on its promises to replant trees in an effort to replace the significant ecosystem benefits of the felled 110-foot tall sequoia,” Dunne continued.
“Members of Save Our Sequoia and Peninsula Environmental Group, Inc. have offered free professional services to help with designing a plan. Lions Park belongs to the people and our hope is that it grows as a beautiful, and respected place for the neighborhood to enjoy and take pride in.”
West declined to comment on Gray’s case, saying he does not have a role in prosecutorial matters.
As to Dunne’s charges, West said: “The city is committed to rebuilding trust and confidence among our citizens who remain deeply disappointed with the decision to remove the sequoia tree.”
“We are further committed to replanting and enhancing the tree canopy within the city and will focus on planting new trees this coming fall,” West said in a Friday email.
City officials have said they would work to find a productive use of the Lions Park sequoia trunk.
Parks Director Corey Delikat said Friday the sequoia was being stored at Lincoln Park.
“It’s there in storage until we find a use for it,” Delikat said.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.
