Aurora police justified in handling student anti-ICE protest, prosecutors say

AURORA - Months after a student-led walkout in Aurora over immigration enforcement sparked allegations of excessive force, prosecutors say police acted lawfully and within their authority.

What we know:

The Kane County State’s Attorney’s Office announced Monday that Aurora police officers involved in the Feb. 9 protest acted "within their scope of authority" and did not use excessive force.

Hundreds of students participated in an anti-ICE walkout that day, which led to the arrests of three students, according to the state’s attorney’s office.

After allegations of excessive force surfaced, prosecutors launched an independent review to determine whether the officers’ actions were appropriate.

What the review found:

Prosecutors said the protest spanned several blocks, with demonstrators creating traffic hazards by walking in roadways instead of on sidewalks.

Aurora police issued multiple orders for protesters to return to sidewalks and activated sirens on marked squad cars, the state's attorney's report said.

Some protesters complied, but many did not. Prosecutors said some demonstrators walked into traffic, engaged in fights and disturbances, made gang-related gestures and threw objects at officers.

An Aurora police sergeant detained two protesters for walking in the roadway and had the authority to arrest them for obstruction after they ignored repeated orders, the report said. The two attempted to flee and resisted arrest.

As the sergeant tried to take them into custody, other officers assisted. One officer accidentally collided with a third protester, who struck a tree, fell, then got up and hit the officer in the head, prosecutors said.

The officer was treated at a hospital and received staples. The protester was arrested for striking an officer and also resisted arrest, according to prosecutors.

"The State’s Attorney’s Office found that Aurora Police officers attempted for a significant amount of time to gain compliance from the protesters verbally," the office said in a statement. "Protesters, not officers, escalated the situation by walking in the road, disobeying orders to return to the sidewalk, and refusing to comply when detained."

Prosecutors said some protesters also acted in a disorderly and aggressive manner, including throwing objects at officers and their vehicles.

The review concluded the sergeant acted lawfully in citing the two protesters and that no officers used excessive force or acted outside their authority.

The other side:

A 15-year-old East Aurora High School student, Yuviel Perez Soto, previously told FOX Chicago he was tackled by police during the protest. His family said he was treated at a hospital for bruises and head injuries.

"In that moment, he grabbed me by the sweater and spun me around," Perez Soto said. "Some officer came out of nowhere and tackled me to the ground. They put all their weight on me and I couldn’t breathe."

Students and community members later gathered outside the police department, calling for charges against the three teens to be dropped and demanding accountability.

RELATED: Aurora mother speaks out after teen tackled by police during anti-ICE school walkout

What's next:

Due to juvenile court records being confidential and closed to the public, the state’s attorney’s office said it cannot release body camera or squad car video from the incident.

The review has been closed.