Saratoga Springs City Court judge refuses to drop charge against Saratoga BLM co-founder

Saratoga BLM activist Lexis Figuereo speaks to members of the media beside Gabrielle Elliott, the mother to his two young children, at Saratoga Springs City Hall in Saratoga Springs on Nov. 18, 2021.
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Saratoga BLM activist Lexis Figuereo speaks to members of the media beside Gabrielle Elliott, the mother to his two young children, at Saratoga Springs City Hall in Saratoga Springs on Nov. 18, 2021.
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SARATOGA SPRINGS — The judge overseeing the obstructing governmental administration case against Saratoga BLM co-founder Lexis Figuereo denied his attorney’s request to drop the charges.

The charge against Figuereo is related to an incident at an April Saratoga Springs City Council meeting when he allegedly took over the microphone during the public comment period.

He also faces a disorderly conduct complaint, the same complaint filed and subsequently dropped against his sister and fellow Saratoga BLM founder, Chandler Hickenbottom.

“We are disappointed that the charges against Mr. Figuereo were not dismissed,” said his attorney Mark Mishler. “We continue to believe, as set forth in the pretrial motions we filed, that this prosecution for speaking out at a City Council meeting on issues of great significance to the community is a violation of Mr. Figuereo’s constitutional rights. Mr. Figuereo is facing these charges due to his unwavering commitment to justice.

“We also continue to believe that one of the purposes of this prosecution is to intimidate activists from speaking out against racism in Saratoga Springs. If this case proceeds to trial, we will aim to turn the tables and place the City of Saratoga Springs on trial for its persistent violations of civil and constitutional rights.”

Public Safety Commissioner James Montagnino, who filed the charge, commended Judge Constantine DeStefano.

“Of the many qualities needed for a good judge, perhaps the most important in politically sensitive cases is courage,” Montagnino said. “Judge DeStafano has certainly showed courage in upholding the rule of law despite a cacophony of opposition from Saratoga BLM.”

However, DeStefano, in his decision, did question the consistency of the statements provided by Montagnino about Figuereo causing a stop to the meeting, while also claiming that the meeting moved forward.

“This statement in and of itself indicates that the meeting was not stopped and in fact, continued,” the judge stated in court documents. “It was a subsequent person that the commissioner alleged prevented the board from conducting its business. This inconsistency between the statement of the witness and the charging documents gives the court pause.”

In August, Figuereo filed a federal lawsuit against the City of Saratoga Springs, prior officials and as many as 100 other currently unidentified individuals alleging the use of excessive force by police and violations of civil rights during a protest on July 30, 2020. According to court documents, Figuereo is seeking compensatory damages of $500,000 collectively and $100,000 in punitive damages against the individually named defendants.

The lawsuit stems from events that took place during a protest on July 30, 2020, between 8 and 9 p.m. in Congress Park. The protest was in response to the deaths of several Black people in police-involved incidents, including George Floyd in Minneapolis, Minnesota, and Breonna Taylor in Louisville, Kentucky, and called for racial justice and police accountability.

SARATOGA SPRINGS — The judge overseeing the obstructing governmental administration case against Saratoga BLM co-founder Lexis Figuereo has denied his attorney’s request to drop the charges.

The charge against Figuereo is related to an incident at an April Saratoga Springs City Council meeting when he allegedly took over the microphone during the public comment period.

He also faces a disorderly conduct complaint, the same complaint filed and subsequently dropped against his sister and fellow Saratoga BLM founder, Chandler Hickenbottom.

“We are disappointed that the charges against Mr. Figuereo were not dismissed,” said his attorney Mark Mishler. “We continue to believe, as set forth in the pretrial motions we filed, that this prosecution for speaking out at a City Council meeting on issues of great significance to the community is a violation of Mr. Figuereo’s constitutional rights. Mr. Figuereo is facing these charges due to his unwavering commitment to justice.

“We also continue to believe that one of the purposes of this prosecution is to intimidate activists from speaking out against racism in Saratoga Springs. If this case proceeds to trial, we will aim to turn the tables and place the City of Saratoga Springs on trial for its persistent violations of civil and constitutional rights.”

Public Safety Commissioner James Montagnino, who filed the charge, commended Judge Constantine DeStefano.

“Of the many qualities needed for a good judge, perhaps the most important in politically sensitive cases is courage,” Montagnino said. “Judge DeStafano has certainly showed courage in upholding the rule of law despite a cacophony of opposition from Saratoga BLM.”

In August, Figuereo filed a federal lawsuit against the City of Saratoga Springs, prior officials and as many as 100 other currently unidentified individuals alleging the use of excessive force by police and violations of civil rights during a protest on July 30, 2020. According to court documents, Figuereo is seeking compensatory damages of $500,000 collectively and $100,000 in punitive damages against the individually named defendants.

The lawsuit stems from events that took place during a protest on July 30, 2020, between 8 and 9 p.m. in Congress Park. The protest was in response to the deaths of several Black people in police-involved incidents, including George Floyd in Minneapolis, Minnesota, and Breonna Taylor in Louisville, Kentucky, and called for racial justice and police accountability.

Categories: -News-, Govt./Politics, News, Public Safety, Saratoga County, Saratoga Springs

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