Gwinnett County prosecutors have dismissed all traffic charges against Hispanic journalist Mario Guevara, who remains in federal immigration custody nearly a month after his arrest at a DeKalb County protest.
Gwinnett Solicitor General Lisamarie Bristol announced Thursday that her office lacks sufficient evidence to prosecute the three misdemeanor charges filed against Guevara in June by the Gwinnett County Sheriff’s Office.
“We have to be able to prove our case beyond a reasonable doubt and we don’t have sufficient evidence to do that,” Bristol said. “You have to follow the law, and that’s what my team has done here.”
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The charges stemmed from a May incident where deputies alleged Guevara followed undercover officers while livestreaming immigration enforcement activities. Bristol said two violations occurred on private property where prosecutors cannot charge under Georgia law.
Guevara’s attorney Zachary Gaeta called the dismissal vindication for his client.
“Justice was served today for Mr. Guevara. As we suspected all along, Mr. Guevara was innocent of the allegations brought against him in Gwinnett County,” Gaeta said in a statement posted through Guevara’s news organization, MG News. “Mr. Guevara has been persecuted by law enforcement for simply documenting police activity and being a voice for the immigration community.”
The Gwinnett charges were filed three days after Guevara’s June 14 arrest during a “No Kings” protest in DeKalb County for standing in the roadway while livestreaming. Those initial charges were also later dropped.
Despite all local charges being dismissed, Immigration and Customs Enforcement continues to detain Guevara at a federal facility. An immigration judge granted him $7,500 bond last week, but ICE has appealed that decision.
Tricia McLaughlin, Department of Homeland Security Assistant Secretary for Public Affairs, previously stated that Guevara “was encountered by Immigration and Customs Enforcement officers after he was arrested for willful obstruction” and placed in removal proceedings because he is in the country illegally.
Guevara’s attorneys dispute ICE’s characterization, saying he has work authorization and a pending application for permanent residency.
The Committee to Protect Journalists has called Guevara’s case unprecedented and continue to advocate for his release.
“He is the only journalist in the United States currently who is in law enforcement custody whose initial arrest relates to reporting,” said Katherine Jacobsen, the organization’s U.S., Canada and Caribbean program coordinator.
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