The five Quakertown Community High School students arrested last month are scheduled to appear in Bucks County Juvenile Court next week in Doylestown. The court has scheduled the adjudication hearing, the equivalent of a trial, on Friday, March 20, for the five arrested on Feb. 20 following a physical altercation with borough police, according to multiple defense attorneys.
Attorneys representing the students will file for a continuance, according to Ettore "Ed" Angelo, a Quakertown attorney defending a 15-year-old girl arrested during the melee. He claimed they will likely need additional time to prepare their defense for a "very complicated" case.
"It's unlikely anyone will be ready for the hearing," wrote Christine Cregar, a Montgomery Township attorney representing a 16-year-old girl.
According to Cregar, a judge will at least hold a detention hearing for all the defendants that day. She wrote that they remain on house arrest while wearing monitors.
Defense attorneys have not received any evidence from prosecutors as part of the discovery process, according to Don Souders, an Easton attorney representing a 16-year-old boy charged following the altercation at the intersection of Front and Juniper streets during a student-led protest against the actions of the U.S. Immigration and Customs Enforcement.
According to Cregar, the office of District Attorney Joe Khan believed it could move forward with the charges before completing an investigation of the Quakertown Borough police and Chief Scott McElree. She wrote in a text that all five defense attorneys disagreed.
"I would never let that happen," Souders wrote in a text message.
A spokesperson for the DA declined to respond to a series of questions related to the case or the police investigation. Manuel Gamiz Jr. claimed the office can't say much about the process since it is a juvenile matter, and that the DA is required to protect the integrity of the juvenile justice process and the confidentiality mandated by law. In an email message received Tuesday afternoon, Gamiz renewed a request to the community for any footage, photos or information that they may have to ensure it completes a thorough independent investigation into the Quakertown police response to the incident.
Angelo claims he has asked the district attorney, through multiple platforms, to drop the charges against all five students. He accused McElree, who has been placed on workers' compensation leave as the borough's police chief and manager, of creating uncertainty among the students by charging into the crowd without presenting any evidence that he was a police officer.
"Their confusion was justified," Angelo said. "[McElree] is the one who created the risk."
Police arrested five students and one adult during the incident in front of Sunday's Deli & Restaurant, located at 44 Front St., after responding at 11:35 a.m. According to a news release issued later that day, a portion of participants – who initially marched along 5th and Broad streets – engaged in disruptive and unsafe behavior, prompting police intervention to protect public safety and maintain order.
Police on the scene claim to have repeatedly warned the protesters to remain out of traffic to ensure public safety. As the protest reached East Broad Street, some participants began engaging in disruptive behavior, including throwing snowballs at vehicles, kicking cars and damaging property, such as tearing a side mirror from a car, according to the police statement. It states that the officers "issued additional warnings to maintain civil [behavior]."
A few seconds later, a man – believed to be McElree – in a long-sleeved shirt pushes through the crowd and appears to grab a student standing near the deli entrance. The video shows several students punching him in the head.
Video from the incident on the sidewalk at the intersection of Front and Juniper streets shows a man wearing a light brown shirt – believed to be McElree – moving into the crowd and tackling and choking a girl. Municipal authorities took five or six juveniles and one adult into custody. The girl placed in the chokehold faces felony aggravated assault, according to her attorney Timothy Prendergast.
A petition, posted March 6 to Change.org, supporting McElree has received more than 5,000 verified signatures. It describes him as an "essential pillar and Quakertown community member," who has "always been here for our children."
The petition cites his willingness to speak with protestors, including during a Black Lives Matter protest where he "engag[ed] with…community members and listened to their thoughts and concerns." It describes his "constant and active involvement in community as nothing out of the ordinary," and lauds his participation in his department's annual Shop with a Cop program.
A petition demanding McElree's resignation, posted to the same site, has received more than 13,000 verified signatures. It states that his action has severely undermined the "critical trust" between the community and the police.