Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Jury Regrets Convicting OWS Protester Of Felony Assault Of An Officer
By
Christopher Robbins
Published May 6, 2014
Modified May 6, 2014
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
via
By
Christopher Robbins
Published May 6, 2014
Modified May 6, 2014
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A member of the jury that convicted Occupy protester Cecily McMillan of felony assault against an officer yesterday now tells the Guardian he or she regrets their verdict. “I’m very remorseful about it,” the unidentified juror said. “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.”
“For most of the jury, the video said it all,” the juror told the paper, referring to this grainy footage in which you can see Cecily McMillan elbow Officer Grantley Bovell (0:20). It's impossible to see in the video whether Officer Bovell violently grabbed her breast, which is what she says caused her to rear back and strike him in the face. A photo of a large bruise on her breast was also shown to the jury. In another video, bystanders recount how McMillan suffered a seizure and was unattended by police or medical personnel for several minutes.
The juror said that an immediate vote after the 12 were sent out for deliberation found they were split 9-3 in favour of convicting. After everyone watched the clip again in the jury room, the juror said, two of the three hold-outs switched to the majority, leaving only the juror who approached the Guardian in favour of acquitting the 25-year-old. Sensing “a losing battle”, the juror agreed to join them in a unanimous verdict.
However, once the trial had concluded, the jurors were allowed to conduct their own research of the case and learn about McMillan's possible sentence of seven years in prison. Once the jury saw what they had potentially sentenced her to, “they felt bad,” the juror said.
Gawker obtained a few photos of McMillan's arrest that were used as evidence. "Cecily might have thrown her elbow back in reaction to getting grabbed from behind, but I would hardly call that assault," the photographer writes. "I would call that a natural human reaction to being attacked."
During the trial, Martin Stolar, McMillan's attorney, brought up Officer Bovell's ties to the ticket-fixing scandal in the Bronx, and previous allegations that he had assaulted suspects, but Stolar says the video "is the only piece of evidence that a jury could hang its hat on.” Stolar adds, “On a quick glance without analysis, it looks like an assault. But it does not show what happened to Cecily.”
The judge denied McMillan bail until her sentencing on May 19th, and she was sent to Rikers Island until then.
Tagged
Cecily McMillan
occupy wall street
Zuccotti Park
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
MTA should eliminate some jobs to prepare for budget woes, watchdog writes
The Citizens Budget Commission suggested eliminating one crew member from trains that are fully automated.
By
Stephen Nessen
Published Nov 2, 2026 at 12:05 a.m. ET
NYC Council to scrutinize snow removal plans as winter approaches
Lawmakers will review the city's preparations and consider a bill requiring the city to publish historical snowplowing records.
By
Catalina Gonella
News
NYC Council to scrutinize snow removal plans as winter approaches
Lawmakers will review the city's preparations and consider a bill requiring the city to publish historical snowplowing records.
By
Catalina Gonella
'The best day of the year': Inside Clinton Hill's 'mile nine' NYC marathon party
By
Stephanie Keith
November has 3 meteor showers and the best chance to see Uranus
By
Rosemary Misdary
A 'beautiful' day for a marathon, as runners, spectators pack NYC streets
By
Walter Wuthmann
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .