University of Washington refers 33 individuals for felony charges in building occupation—prosecutors say referrals are ‘incomplete’

On May 5, pro-Hamas activists and Antifa militants took over the Interdisciplinary Engineering Building. The occupation, which university officials say caused approximately $1 million in damage, ended when police physically removed the demonstrators. In the wake of the disruption, the University of Washington suspended 21 students.

Now, UWPD is seeking felony charges against 33 people, according to a statement provided to The Ari Hoffman Show on Talk Radio 570 KVI.

“The referred charges were second-degree burglary and first-degree malicious mischief, both of which are felonies,” said UW spokesperson Victor Balta. “Malicious mischief is intentional damage to another’s property. The degrees vary based on the severity of the offense, with first degree being the most serious.”

However, that referral appears to be incomplete. King County Prosecutor’s Office (KCPAO) spokesperson Casey McNerthney told Hoffman the UWPD submitted one case file that included 32 additional names, but failed to send each referral individually with the necessary evidence.

“There was one case sent with 32 additional people listed, but those need to be submitted individually,” McNerthney said. “Our filing unit and director of data and analytics was in touch with UWPD to get those referrals in the format needed for the Court’s consideration — if there is admissible evidence for a charging decision.”

McNerthney added that no video evidence has been submitted as of yet, and prosecutors are awaiting additional material expected early next week. UW told Hoffman that there were no cameras in the building at the time of the incident, but they have since been added.

Senior deputy prosecutors from the office’s criminal and appellate divisions will review each potential case individually. The prosecutor’s office and UWPD have reportedly had multiple meetings about the relevant case law and what is legally required to charge individuals with felonies in this type of incident.

“The big question will be: Is the information submitted so far legally sufficient to bring to court?” McNerthney said, emphasizing that not all police referrals are immediately actionable, and sometimes more evidence is needed before charges can be filed.

“There are two routes after prosecutors do the individual case reviews,” McNerthney explained. “If there is sufficient admissible evidence to make a charging decision, that can be done. If the evidence is legally insufficient, prosecutors will work with investigators step by step to clarify what’s needed.”

He also stressed the importance of proving intent for a felony charge like burglary or malicious mischief — a legal hurdle that goes beyond demonstrating simple trespass.

Even with what he called “great police work,” McNerthney said it’s possible a case may not meet legal standards due to evidentiary gaps.