A Lancaster city woman was convicted Wednesday of riot, criminal conspiracy, failure to disperse, disorderly conduct, obstruction of highways, and defiant trespass for her role in the riots at the Lancaster City Bureau of Police station on the night of September 13 and early morning of September 14 in 2020.
Jessica M. Lopez, 34 of the 400 block of E. Marion Street, was found guilty by jury of the two third-degree felony, one second-degree misdemeanor, and three third-degree misdemeanor offenses. The jury returned its verdict after approximately 30 minutes of deliberation concluding the three-day trial.
Lopez was one of 12 adults arrested following a protest that escalated to violence and destruction near the intersection of N. Prince and W. Chestnut Streets in Lancaster city following an officer-involved shooting on September 13. Lancaster County District Attorney Heather Adams later deemed that officer’s use of force to be justified on October 14, 2020.
A group in excess of 100 protestors gathered at an access ramp on the west side of the police station and continued to move up the ramp even after a public address system issued several warnings that chemical munitions would be deployed.
“They didn’t want to protest peacefully,” First Deputy District Attorney Cody Wade said to the jury during his closing argument. “They wanted to provoke a response from the police, and they got one.”
The group ignored the instructions and chemical agents were deployed in an attempt to disperse the crowd. Members of the group threw the agents back at Officers and tossed water bottles, glass, rocks, bricks, gallon jugs of liquids, and parts of plastic road barricades at the line of Officers holding at the top of the ramp.
An umbrella was lit and placed into a Lancaster County Detective vehicle causing a total loss, bricks broke glass at the Lancaster City Bureau of Police station and Lancaster city post office, and thrown bricks caused damage to a Lancaster Parking Authority vehicle.
A dumpster was then moved to the corner of N. Prince and W. Chestnut Streets and lit on fire by members of the group before finally dispersing.
Wade prosecuted the case and dispelled three myths from the defense’s argument in his closing: that the First Amendment protected speech in this case; that the only way someone can be found guilty of disorderly conduct was if they threw, damaged or broke things; and that this was a peaceful protest.
Wade stated the First Amendment is not a defense to a charge of riot and that there is a time, place, and manner for protection of speech. For example, yelling “Fire!” in a crowded theatre when there is no danger is not an instance of protected speech.
Second, that someone can be found guilty of disorderly conduct when two or more people engage in violent, threatening, or tumultuous behavior, not solely if they cause damage.
Third, Wade again showed video evidence of Lopez speaking through a loudspeaker telling people to take their children home because, “This is not their protest.”
Wade went on to say the protesters had other legal options of protesting peacefully, such as gathering in the park adjacent to the police station.
Lancaster County Judge Merrill Spahn presided over trial and ordered a presentence investigation before sentencing occurs on a date to be determined.
Lopez remains free on $250,000 unsecured bail.
Lancaster City Bureau of Police Lieutenant Philip Berkheiser filed charges and testified.
The status of the other charged individuals’ cases are as follows:
-Dylan Davis, of Ephrata, was found guilty by Judge Merrill Spahn of riot, criminal conspiracy, failure to disperse, obstruction of highways, disorderly conduct, and dangerous burning following a bench trial on November 7, 2022. Davis’ sentence is pending.
-T-Jay Fry, of Lancaster, pleaded guilty to failure to disperse and defiant trespass and was ordered to pay fines and cost on September 8, 2022.
-Barry Jones III, of York, was found guilty of failure to disperse and sentenced to time served to 12 months in prison plus 25 hours of community service on July 19, 2022.
-Talia Gessner, of York, pleaded guilty to riot, criminal conspiracy, failure to disperse, obstruction of highways, disorderly conduct, defiant trespass, and dangerous burning and was sentenced to time served to 23 months in prison on July 14, 2022.
-Christopher Vazquez, of Lancaster, pleaded guilty to two counts of riot, two counts of reckless burning, two counts of disorderly conduct, four counts of institutional vandalism and one count of failure to disperse and was sentenced to 52 months to 9 years in prison on May 6, 2022.
-Jamal Newman Jr., of Lancaster, pleaded guilty to riot, criminal conspiracy, failure to disperse, obstruction of highways, disorderly conduct, loitering and prowling at nighttime, defiant trespass, and dangerous burning and was sentenced to time served to 23 months in prison plus two years probation on May 3, 2022.
-Yoshua Montague, of York, pleaded guilty to carrying firearms without a license, riot, criminal conspiracy, failure to disperse, obstruction of highways, disorderly conduct, and dangerous burning and was sentenced to 45 days to 23 months in prison plus three years probation on February 22, 2022.
-Matthew Modderman, of Lancaster; Kathryn Patterson, of Mercersburg; Taylor Enterline, of Manheim; and Lee Wise, of Camp Hill, have pending cases and are presumed innocent.
MEDIA CONTACT: Sean McBryan, semcbryan@co.lancaster.pa.us; Twitter: @SeanMcBryanLanc.