With an unusually loud bang of his gavel Wednesday morning, a federal magistrate judge agreed to dismiss charges against a Chicago couple found lawfully carrying loaded pistols last month outside the U.S. Immigration and Customs Enforcement facility in Broadview.
A grand jury on Tuesday returned a “no bill” in the case of Ray Collins and Jocelyne Robledo, a prosecutor explained. In doing so, the grand jurors refused to hand up an indictment in the high-profile case resulting from the Trump administration’s so-called “Operation Midway Blitz” and protests in Broadview.
“Case dismissed,” U.S. Magistrate Judge Gabriel Fuentes said before promptly leaving the bench.
The ruling is without prejudice, meaning prosecutors could still bring new charges before the end of the month. Assistant U.S. Attorney Brian Havey told the judge that a decision had been made only to dismiss the complaint.
Richard Kling, a longtime Chicago defense attorney who represents Collins, told Fuentes he was “gratified” that the grand jury “stood up for the rights of people to protest and the First Amendment.” Later, he told reporters he’s also had no experience with grand jury “no bills” in Chicago’s federal court, despite decades of experience practicing law in town.
Kling cited the old expression that a good prosecutor could persuade a grand jury to indict a ham sandwich, quipping that “apparently they had less evidence than a ham sandwich.”
Fuentes questioned Havey during Wednesday’s hearing about Havey’s obligations in what is considered to be a highly unusual situation at the Dirksen Federal Courthouse. Havey told Fuentes, “I don’t have any experience with this.”
That prompted Fuentes to ask when a so-called “no bill” was last returned in the Northern District of Illinois. When Havey said it had happened “within the last couple weeks,” Fuentes told him to “go back to before the last couple months.”
“It happens periodically,” Havey said.
Kling also talked about the experience his client has endured so far.
“[Collins] was in jail for 2½ days,” Kling said. “He was scared out of his mind. He’s still scared.”
The case against Collins and Robledo has been used nationally to argue that ICE agents have been endangered by protests outside the facility. ICE officials posted on the agency’s X social media account that “they will be prosecuted and held accountable.”
Criminal charges against the couple were filed Sept. 28, one day after their arrest during a Broadview protest. That protest came only days after a shooter opened fire on an ICE facility in Dallas, killing a detainee.
The feds also moved late Tuesday to dismiss a misdemeanor charge against Luci Mazur, who had been arrested on charges stemming from the same protest in Broadview. Assistant U.S. Attorney Jeffrey Snell explained during a Wednesday hearing in that case that prosecutors recently obtained footage of Mazur’s encounter with agents that “caused the United States to determine to not proceed with this case at this time.”
Later, in the courthouse lobby, Mazur recounted feeling “lots of anxiety” about the prosecution.
“[I’m] just happy that it’s over with,” Mazur said.
Arrests tied to the federal deportation campaign in the Chicago area have ramped up in the last several days. At least one magistrate judge commented from the bench Monday on her packed schedule full of initial appearances and detention hearings.
But court observers have also been watching closely to see if the charges stick.
Neither Collins nor Robledo faced charges specifically related to the 9 mm semiautomatic pistols they’d been found carrying outside the Broadview facility Sept. 27. Rather, they were each charged with assaulting and resisting officers.
A criminal complaint alleged that Collins and Robledo “refused to retreat” when agents sought to widen a perimeter around the Broadview facility. When agents began to push people away, Robledo allegedly pushed back.
That apparently prompted a struggle. As agents tussled with Robledo, they allegedly found the pistol she was carrying in a band around her waist. Then, Collins allegedly yelled at agents to get away from her and charged toward them, leading to another struggle and the discovery of his gun, according to the complaint.
Still, authorities acknowledged the couple had “lawful permits” for the weapons. And neither was accused of actually brandishing their weapon.
Following the filing of the criminal charges, Gregory Bovino, commander-at-large for the U.S. Border Patrol, posted on X that “the two deranged individuals, armed with pistols, assaulted federal officers and are now being charged with felony assault.”
Fuentes initially ordered Collins held in custody. He found Robledo ineligible for a detention hearing, in part because she was not accused of actually injuring an officer like Collins. So she was released.
But during a later hearing, U.S. District Judge Sunil Harjani noted that Collins is an employed homeowner with no history of crime or serious substance abuse. Harjani ordered Collins released on conditions that required him to surrender his firearm owners ID card and concealed carry license and stay 500 feet away from the Broadview facility.
Mazur, of Medinah, was charged with forcibly resisting a federal officer. A complaint alleged that Mazur refused to step back as ordered when agents tried to move protesters away from the facility. It stated that an agent pushed Mazur before Mazur grabbed the agent’s arm, causing Mazur to be shoved again.
Both then ended up on the ground, where Mazur continued to resist arrest until being placed in handcuffs, according to the complaint.
Prosecutors did not seek Mazur’s detention.