Dear District Attorney Nancy O’Malley,

This Friday we will mark the one-year anniversary of the Black Friday 14 non-violent direct action at the West Oakland BART station — an action inspired by a growing national movement to expose the painful legacy of police brutality and demand an end to police violence in our country. Since Black Friday 2014, we have collectively mourned the loss of at least 290 black lives in officer-involved shootings in the United States — at least seven in Alameda County alone. This tragic fact demonstrates that this movement is not over and that courageous actions like those of the Black Friday 14 are critical to ending this epidemic of violence against black people.

We write this letter to you inspired by the Black Friday 14 and dismayed that you have not yet dropped the charges against them. We write mourning the deaths of Guadalupe Manzo-Ochoa, Zaki Shinwary, Yuvette Henderson, Demouria Hogg, Jonathan Patrick Deming Jr, Antonio Clements, Nathaniel Wilks, Troy Francis, Yonas Alehegne, Dante Osborn, and the most recent unnamed victim — all of whom lost their lives to Alameda County police forces since Black Friday 2014. We write outraged by the loss of at least 290 black lives in the United States since Black Friday 2014:

Lincoln Price, 24, December 2, 2014
Rumain Brisbon, 34, December 2, 2014
William Mark Jones, 50, December 2, 2014
Isaac Lee Ricks, 68, December 3, 2014 (California)
Jerry Nowlin, 39, December 8, 2014
Christopher Bernard Doss, 41, December 8, 2014
Calvin Peters, 39, December 9, 2014
Travis Faison, 24, December 10, 2014
Thurell Jowers, 22, December 12, 2014
Michael D Sulton, 23, December 14, 2014
Dennis Grigsby, 35, December 15, 2014
Brandon Tate-Brown, 26, December 15, 2014
Xavier McDonald, 16, December 15, 2014
Terrell Beasley, 28, December 19, 2014
Antonio Martin, 18, December 24, 2014
Gregory Marcus Grey, 33, December 24, 2014
Carlton Wayne Smith, 20, December 26, 2014
Terrence Gilbert, 25, December 26, 2014
Quentin Smith, 23, December 26, 2014
David Andre Scott, 28, December 28, 2014
Jerame C. Reid, 36, December 31, 2014
Eric Tyrone Forbes, 28, December 31, 2014
Kevin Davis, 44, December 31, 2014
Matthew Ajibade, 22, January 2, 2015
Frank Jerome Smart, 39, January 5, 2015
Leslie Sapp III, 47, January 6, 2015
Hashin Hanif Ibn Abdul-Rashid, 41, January 7, 2015
Ronald Sneed, 31, January 7, 2015
Brian Pickett, 26, January 7, 2015 (California)
Andre Larone Murphy Sr, 46, January 7, 2015
Omarr Jackson Sr, 37, January 8, 2015
Artago Damon Howard, 36, January 8, 2015
Marcus Ryan Golden, 24, January 14, 2015
Mario A. Jordan, 34, January 15, 2015
Donte Sowell, 27, January 15, 2015
Kavonda Earl Payton, 39, January 16, 2015
Rodney Walker, 23, January 16, 2015
Terence D Walker, 21, January 17, 2015
Dewayne Carr, 42, January 20, 2015
Isaac Holmes, 19, January 22, 2015
Demaris Turner, 29, January 23, 2015
Tiano Meton, 25, January 24, 2015
Darin Hutchins, 26, January 24, 2015
Alvin Haynes, 57, January 26, 2015 (California)
Jermonte Fletcher, 33, January 27, 2015
Edward Donell Bright Sr, 56, January 31, 2015
Yuvette Henderson, 36, February 3, 2015 (California)
Ledarius Williams, 36, February 3, 2015
Dewayne Deshawn Ward Jr, 29, February 3, 2015 (California)
Kevin Demetrius Garrett, 60, February 4, 2015
Jimmy Ray Robinson Jr, 51, February 4, 2015
Markell Atkins, 36, February 4, 2015
Jeremy Lett, 28, February 5, 2015
Herbert Hill, 26, February 6, 2015
James Howard Allen, 74, February 8, 2015
Natasha McKenna, 37, February 8, 2015
Desmond Luster Sr, 45, February 9, 2015
Anthony Bess, 49, February 10, 2015
Philip Watkins, 23, February 11, 2015 (California)
Lavall Hall, 25, February 15, 2015
Janisha Fonville, 20, February 19, 2015
Stanley Lamar Grant, 38, February 20, 2015
Terry Price, 41, February 21, 2015
A’Donte Washington, 16, February 23, 2015
Calvon A Reid, 39, February 24, 2015
Glenn C Lewis, 37, February 25, 2015
Cornelius J Parker, 28, February 28, 2015
Ian Sherrod, 40, February 28, 2015
Thomas Allen Jr, 34, March 1, 2015
Charly Leundeu Keunang, 43, March 1, 2015 (California)
Darrell Hubbard Gatewood, 47, March 1, 2015
Fednel Rhinvil, 25, March 3, 2015
Shaquille C Barrow, 20, March 3, 2015
Tyrone Ryerson Lawrence, 45, March 6, 2015
Naeschylus Vinzant, 37, March 6, 2015
Tony Terrell Robinson Jr, 19, March 6, 2015
Bernard Moore, 62, March 6, 2015
Andrew Anthony Williams, 48, March 6, 2015
Monique Jenee Deckerd, 43, March 8, 2015 (California)
Anthony Hill, 27, March 9, 2015
Cedrick Lamont Bishop, 30, March 10, 2015
Theodore Johnson, 64, March 11, 2015
Terrence Moxley, 29, March 11, 2015
Terry Garnett Jr, 37, March 11, 2015
Jamie Croom, 31, March 11, 2015
Bobby Gross, 35, March 12, 2015
Jonathan Ryan Paul, 42, March 12, 2015
Askari Roberts, 35, March 18, 2015
Brandon Jones, 18, March 19, 2015
Kendre Omari Alston, 16, March 19, 2015
Richard White, 63, March 20, 2015
Denzel Brown, 21, March 23, 2015
Walter Brown III, 29, March 24, 2015
Nicholas Thomas, 23, March 24, 2015
Jeremy Lorenza Kelly, 27, March 25, 2015
Jamalis Hall, 39, March 27, 2015
Douglas Harris, 77, March 27, 2015
Angelo West, 41, March 27, 2015
Meagan Hockaday, 26, March 27, 2015 (California)
Jason Moland, 29, March 30, 2015 (California)
Mya Shawatza Hall, 27, March 30, 2015
Byron Herbert, 29, March 30, 2015
Dominick R Wise, 30, March 30, 2015
Philipp White, 32, March 31, 2015
Robert Washington, 37, April 1, 2015 (California)
Donald “Dontay” S Ivy Jr, 39, April 1, 2015
Eric Courtney Harris, 44, April 2, 2015
Darrin A Langford, 32, April 3, 2015
Walter Scott, 50, April 4, 2015
Paul Anthony Anderson, 31, April 4, 2015 (California)
Justus Howell, 17, April 4, 2015
Desmond Willis, 25, April 6, 2015
Dexter Bethea, 42, April 8, 2015
Don Oneal Smith Jr, 29, April 9, 2015
Mack Long, 36, April 12, 2015
Colby Robinson, 26, April 14, 2015
Karl Taylor, 52, April 14, 2015
Frank Ernest Shepherd III, 41, April 15, 2015
Donte Adaryll Noble, 41, April 15, 2015
Tevin Barkley, 22, April 15, 2015
Darrell Lawrence Brown, 31, April 17, 2015
Jeffrey Kemp, 18, April 17, 2015
Thaddeus McCarroll, 23, April 18, 2015
Freddie Grey, 25, April 19, 2015
Norman Cooper, 33, April 19, 2015
Daniel Wolfe, 35, April 21, 2015
William L Chapman II, 18, April 22, 2015
Samuel D Harrell III, 30, April 23, 2015
Todd Jamal Dye, 20, April 24, 2015
David Felix, 24, April 25, 2015
Terrence Kellom, 20, April 27, 2015
Jared Johnson, 22, April 28, 2015
Bryan Rashod Overstreet, 30, April 28, 2015
Jeffrey O Adkins, 53, April 30, 2015
Alexia Christian, 25, April 30, 2015
Elton Simpson, 30, May 3, 2015
Brendon Glenn, 29, May 6, 2015 (California)
Jason Champion, 41, May 6, 2015
Nunwah Laroche, 34, May 6, 2015
Nephi Arriguin, 21, May 7, 2015 (California)
Dedrick Marshall, 48, May 8, 2015
Sam Matthew Holmes, 31, May 9, 2015
Lionel Young, 34, May 11, 2015
Kelvin Antoine Goldston, 30, May 11, 2015
D’Angelo Reyes Stallworth, 28, May 12, 2015
Lorenzo Hayes, 37, May 13, 2015
Ronell Wade, 45, May 17, 2015
Anthony Quinn Gomez Jr, 29, May 19, 2015
Marcus D Wheeler, 26, May 20, 2015
Chrislon Talbott, 38, May 21, 2015
Jerome Thomas Caldwell, 32, May 21, 2015
Jevoris Reshaud Washington, 29, May 21, 2015
Markus Clark, 26, May 21, 2015
Caso Jackson, 25, May 23, 2015
Anthony Dewayne Briggs, 36, May 25, 2015
Dalton Branch, 51, May 26, 2015
James Edward Strong, Jr., 32, May 28, 2015
Kenneth Joel Dothard, 40, May 28, 2015
Kevin K Allen, 36, May 29, 2015
Richard Gregory Davis, 50, May 31, 2015
Usaamah Rahim, 26, June 2, 2015
Sherman Byrd, 24, June 4, 2015
Andrew Ellerbe, 34, June 5, 2015
Demouria Hogg, 30, June 6, 2015 (California)
Ross Anthony, 25, June 9, 2015
QuanDavier Hicks, 22, June 9, 2015
Isiah Hampton, 19, June 10, 2015
Fritz Severe, 46, June 11, 2015
Charles Allen Zeigler, 40, June 11, 2015
Deng Manyoun, 35, June 13, 2015
Kris Jackson, 22, June 15, 2015 (California)
Jermaine Benjamin, 42, June 16, 2015
Trepierre Hummons, 21, June 19, 2015
Kevin Bajoie, 32, June 20, 2015
Zamiel Kivon Crawford, 21, June 20, 2015
Tyrone Harris, 20, June 22, 2015
Tyler James Wicks, 30, June 22, 2015
Damien A Harrell, 26, Jun 24, 2015
Spencer Lee McCain, 41, June 25, 2015
Alfontish Cockerham, 23, June 26, 2015
Kevin Lamont Judson, 24, July 1, 2015
Victo Larosa III, 23, July 2, 2015
Kawanza Jamaal Beaty, 23, July 4, 2015
Robert Elando Manlone, 42, July 4, 2015
Maximo Rabasa, 52, July 6, 2015
Jason M Hendley, 29, July 6, 2015
Marcellus Jamarcus Burley, 18, July 7, 2015
Antoquan Watson, 27, July 7, 2015
Jonathan Sanders, 39, July 8, 2015
Jimmy Lloyd Washington Jr, 53, July 9, 2015
Martice Milliner, 27, July 10, 2015
George Mann, 35, July 11, 2015
Anthony Dewayne Ware, 35, July 11, 2015
Frederick Leamont Farmer Jr, 20, July 12, 2015
Freddie Blue, 20, July 12, 2015
Salvado Ellswood, 36, July 13, 2015
Chacarion Avant, 20, July 14, 2015
Anthonie Smith, 25, July 16, 2015 (California)
Edward Foster III, 35, July 16, 2015
Albert Joseph Davis, 23, July 17, 2015
Darrius Stewart, 19, July 18, 2015
Billy Ray Davis, 59, July 19, 2015
Sameul DuBose, 43, July 19, 2015
Devon Guisherd, 26, July 22, 2015
Andre Dontrell Williams, 26, July 22, 2015
Dontae L Martin, 34, July 23, 2015
Bryan Keith Day, 36, July 25, 2015
Earl Jackson, 59, July 25, 2015
Khari Westly, 33, July 26, 2015
Filimoni Raiyawa, 57, July 30, 2015 (California)
Antonio Clements, 49, August 2, 2015 (California)
Darius D Graves, 31, August 4, 2015
Keshawn D Hargrove, 20, August 5, 2015
Raymond Hodge, 39, August 5, 2015
Troy Robinson, 32, August 6, 2015
Christian Taylor, 19, August 7, 2015
Charles Bertram, 22, August 7, 2015
Derrick Lee Hunt, 28, August 7, 2015 (California)
Tsombe Jashon Clark, 25, August 8, 2015
Andre Green, 15, August 9, 2015
Nathaniel Wilks, 27, August, 12, 2015 (California)
Redel Kentel Jones, 30, August 12, 2015 (California)
Reginald Marshall, 27, August 12, 2015
Garland Tyree, 38, August 14, 2015
Asshams Pharoah Manley, 30, August 15, 2015
Allen Matthew Baker III, 23, August, 15, 2015 (California)
Benjamin Peter Ashley, 34, August 15, 2015 (California)
Frederick Roy, 35, August 17, 2015
Mansur Ball-Bey, 18, August 19, 2015
Deviere Ernel Ransom, 24, August 20, 2015
Thaddeus Faison, 39, August 22, 2015
Curtis Smith, 34, August 25, 2015
Yonas Alehegne, 30, August 27, 2015 (California)
Bertrand Syjuan Davis, 43, August 27, 2015
James Marcus Brown III, 25, August 29, 2015
Felix Kumi, 61, August 29, 2015
James Carney III, 48, August 31, 2015
Cedric Maurice Williams, 33, September 1, 2015
Tyree Crawford, 18, September 1, 2015
La’vante Trevon Biggs, 12, September 5, 2015
India Kager, 28, September 6, 2015
Angelo Delano Perry, 35, September 6, 2015
Wayne L Wheeler, 41, September 7, 2015
Tyrone L Holman, 37, September 9, 2015
Brandon Foy, 29, September 10, 2015
Clifford Butler Jr, 67, September 13, 2015
Joseph Thomas Johnson-Shanks, 25, September 13, 2015
Carl Devince King, 52, September 14, 2015
Vincent E Scott, 49, September 14, 2015
Tyrone Bass, 21, September 15, 2015
Bobby R Anderson, 27, September 16, 2015
Dante Osborn, 32, September 22, 2015 (California)
Jerome McDole, 28, September 23, 2015
Keith Harrison McLoed, 19, September 23, 2015
Ernesto Medina Lopez, 42, September 24, 2015
James Anderson, 33, September 26, 2015
Anthony McKinney, 46, September 26, 2015
Junior Prosper, 31, September 28, 2015
Brandon Johnson, 28, September 29, 2015
Christopher LaShon Kimble Jr, 22, October 3, 2015
Jeffrey McCallum, 31, October 4, 2015
Bernard Brandom Powers, 23, October 11, 2015
Jason Day, 40, October 11, 2015
Kaleb Alexander, 25, October 15, 2015
Martin Ryans Jr, 20, October 15, 2015
Ricky Javonta Ball, 26, October 17, 2015
Dequan L Williams, 28, October 17, 2015
Rayshaun Cole, 30, October 17, 2015
Paterson Brown Jr, 18, October 17, 2015
Corey Jones, 31, October 18, 2015
Dion Lamont Ramirez, 53, October 20, 2015 (California)
Lamontez Jones, 39, October 20, 2015 (California)
Lawrence Green, 38, October 22, 2015
Adrian Jamarr Ludd, 36, October 22, 2015 (California)
Charles A Pettit Jr, 18, October 23, 2015
Rolly Thomas, 34, October 24, 2015
Dominic Hutchinson, 30, October 24, 2015
Marquesha McMillan, 21, October 26, 2015
Kevin T Brunson, 45, October 26, 2015
Anthony Ashford, 29, October 27, 2015 (California)
Tyrie Cuyler, 25, October 28, 2015
Jerry Michael Graham Jr, 34, October 28, 2015
Deaunte Lamar Bell, 25, October 29, 2015
Yvens Seide, 33, October 31, 2015
Bennie Lee Tignor, 56, November 1, 2015
James Covington Jr, 62, November 2, 2015
John Allen, 57, November 4, 2015
Delvin Tyrell Simmons, 20, November 9, 2015
Ryan Quinn Martin, 32, November 11, 2015
Stephen L Tooson, 45, November 12, 2015

We write to expose the faulty logic that justifies the prosecution of the Black Friday 14 but not police officers involved in fatal shootings in Alameda County. We write as white women who know that so often, white women have been on the wrong side of history; that white women have used our relative silence or perceived lack of power to remain silent in the face of injustice. We refuse to remain silent, and we write to ask you: which side are you on?

The logic we call into question is logic you articulated in your own words at the November 6th, 2015 “Community Empowerment in Police Reform” event at University of California Hastings College of Law:

“Our policy in dealing with protesters is that if somebody is engaging in violence or extreme violence that if the charge can be made and they can be identified as the person engaging in that activity, then we will look at filing charges. For people who are not doing that, we are not filing charges” (1)

Honestly, which of the Black Friday 14 do you believe was engaged in “violence or extreme violence” when they chained themselves across BART trains and platforms to hold trains in the station? The answer: no one. It was a disruption of regular BART service and an inconvenience for transit passengers, but it was in no way violent. The Black Friday 14 were engaged in civil disobedience — an economic protest strategy to prevent the trains from operating and stop “business as usual”. They didn’t plan or enact violence in their protest.

However, the Oakland Police Department, acting with impunity, regularly carries out violence on the Oakland community, particularly on Black residents. Sadly, the examples are too numerous to review in full detail, but even a few should be illustrative:

In the murder of Oscar Grant on New Year’s Day in 2009, Officer Prione testified that when Grant resisted Prione escalated the situation by punching Grant in the face and calling him a racial epithet (2). This is clear violence coupled with exceedingly straightforward individual culpability — meeting the second condition of your logic for prosecution. Yet Officer Prione was not charged and sentenced.

In the murder of Alan Blueford, despite overwhelming eyewitness evidence that Officer Masso was responsible for escalating violence, and despite a professional record of violence, Officer Masso faced no charges.

Just this year, in the murders of Yuvette Henderson and Demouria Hogg, Emeryville and Oakland Police officers demonstrated unjustified and escalated violent force. Eyewitness reports identify Yuvette Henderson running down the street waving her arm and Demouria Hogg sleeping in his car upon being apprehended by police. While one or both victims may have had possession of a firearm (which is not, in itself, a criminal or violent act), neither fired at police. Yet individual, identifiable police instigated violent acts against these victims — meeting both of your conditions for prosecution — and they have not yet been charged or prosecuted.

Clearly, violence — even in its narrowest definition — is not being equally applied as a standard to determine prosecution. This says nothing about the myriad structural violences faced by working class communities of color in Oakland — racism, unemployment, displacement, disinvestment, criminalization, underinvestment in education, overinvestment in policing, inadequate healthcare and mental health services, lack of access to healthy, affordable food and green spaces, and more. What would a justice system look like that impartially prosecuted perpetrators of structural violence instead of unfairly prosecuting those who are trying to shine a light on this violence?

And it is not just in considerations of violence that your logic is failing. You are inconsistent in your treatment of protestors as well. Since the start of the Black Lives Matter movement, dozens of protesters have been arrested, cited and then released, including members of our own group, the White Noise Collective. In this instance, several of them were chained to a door, just as the Black Friday 14 were chained to BART trains, making it quite easy to identify them as “the person engaging in that activity.”

Even activists engaging in the same tactic of business-as-usual disruption have not been equally treated by these prosecutorial standards. Over Martin Luther King Jr. weekend, in January 2015, organizers engaged in 96-hours of direct action protesting, effectively shutting down Montgomery and Powell BART stations and the Federal Building in downtown Oakland on Friday, January 16th with no charges or repercussions. Previous to the Black Lives Matter movement, on July 11th, 2011, at least 150 protesters gathered at the Civic Center BART station to protest the murder by BART police of Charles Hill, disrupting trains for over two hours. While not all of these incidents are within your jurisdiction, the discrepancy in response is noteworthy. The racism in this inconsistent prosecutorial application alone should be cause for dropping the charges. What we need from you is the same strong leadership and risk-taking that was shown by the Black Friday 14.

Civil disobedience has a long, powerful legacy in our country as a tool for demanding and creating much-needed social change. It is with reverence that we remember the Greensboro lunch counter sit-ins and the Montgomery bus boycotts. The Black Friday 14, in an act of profound courage and fortitude, took a stand to raise consciousness and demand an end to the systematic devaluing of black lives in our country. Today, we ask you to take a stand, think about how you want to be remembered, and drop the charges against the Black Friday 14. District Attorney Nancy O’Malley, which side are you on?

–White Women of the White Noise Collective