By Michael Donoghue, Vermont News First

Chittenden County State’s Attorney Sarah George has decided to give a free pass to four protestors arrested by Vermont State Police on charges of criminal trespassing and resisting arrest when they refused to leave a private office building that houses federal law enforcement workspace in Williston on May 14.

Peter Booth, 58, the vice chairman of the Jericho selectboard, Henry Prensky, 79, of Burlington, Aiden Balentine, 39, of Montpelier and Casey Seem, 20, of Oakham, Mass. will not be prosecuted by George, according to letters written by her and obtained by Vermont News First.

Booth and Prensky are repeat offenders and were among 13 protestors given a pass by George for another protest in February when they were arrested disrupting the same business complex containing a support office for Immigration and Customs Enforcement (ICE) on Industrial Avenue, officials said.

In the latest case, Vermont News First filed a public records request with George and Vermont State Police after the four protestors failed to appear in court on June 30, the date on the criminal citations they each received from police.

George, in declining prosecution for the February offenses, wrote that if any of the individuals’ behavior escalates or they reenter the building to protest, her office will “will re-consider the merits of this case and determine the best course of action,” Vermont Public reported at the time.

Now George has declined again to hold the demonstrators accountable.

She attempted in her letters to liken the cases to the America Civil Rights Movement.

She noted that Vermont Public Safety Commissioner Jennifer Morrison had indicated that she would refer cases to Attorney General Charity Clark’s office when George balked at filing charges in the February protest.

“We invite her to do so if she disagrees with our decision,” George wrote in all four letters, which were pretty much identical.

George wrote that even having repeat offenders did not sway her.

“However, that fact alone does not change our charging decision in this case. We rely on our law enforcement partners to assist us in allocating our limited resources in a manner that encourages accountability, rehabilitation, and balances the needs of the community. Mr. Booth was engaged in conduct that is the very definition of civil disobedience. Viewed in historical context, his conduct is congruent with actions taken during the American Civil Rights Movement,” George wrote.

“Even if found liable for this offense, a tall order given community attitudes towards these cases, Mr. Booth is unlikely to receive a conviction. Our office is mindful of the applicability of Vermont Rule of Criminal Procedure 48(b)(2) which states ‘the Court may dismiss the indictment or information if the court concludes that such dismissal will serve the ends of justice and the effective administration of the court’s business.’ Accordingly, our office will not expend its limited resources in pursuing a criminal prosecution for no purpose other than obtaining a hollow conviction,” George said in her letter.

George told Vermont State Police that she was unsure if her office would be able to obtain convictions in the case. She has often used that as a frequent excuse not to pursue charges, including in her decision to drop three high-profile homicide cases on the same day in 2019. Those criminal cases were later picked up by then-Attorney General T.J. Donovan’s office, who obtained convictions.

George did not respond Monday to a message from Vermont News First seeking an interview.

George never responded to the Vermont Public Records request from VNF. Instead, the central office for State’s Attorneys and Sheriffs in Montpelier provided the public records.

She did offer to the state police to forward the four case files to AG Charity Clark to see if she wanted to pursue the criminal charges.

Clark, who lives in Williston, has concurrent jurisdiction to file charges in criminal court.

Clark could not be reached for comment on whether her criminal division will pick up one or both Williston cases.

George also has avoided filing criminal charges against defendants involved in protesting ICE in Chittenden County. She also gave a recent pass to six people arrested by state and Burlington Police during a major disturbance on Dorset Street in South Burlington in March.

George is up for re-election this year and is facing competition from Franklin County State’s Attorney Bram Kranichfeld of Burlington in the Democrat Primary in August. The winner in the primary is likely to be sworn in on Feb. 1. There are no announced opponents for the General Election in November.

Clark also is up for re-election, but only has token opposition from perennial Republican candidate H. Brooke Paige of Washington in the General Election.

Those arrested were among a group of people who entered the building to protest federal agencies — including ICE — that occupy space there alongside private businesses and a medical office.

It is not a federal building, but rather privately owned, officials said. The building manager said the individuals were trespassing, refused to leave when asked, and requested that police remove them from the property.

The ICE office on Industrial Avenue is part of a national effort to help identify and remove illegal immigrants that are unlawfully in the country, U.S. Homeland Security has said.

The ICE facilities arrived in Vermont with much fanfare many years ago with federal, state and local political leaders citing the high-paying enforcement and technology jobs. They also noted Vermont was further leading the way in helping to enforce immigration laws and keeping the country safe.