DeKalb Circuit Court Judge Douglas Engel will decide in two weeks whether or not a charge of resisting a peace officer should be dropped for about 75 NIU students who were involved in a Day of Action II sit-in on Lincoln Highway April 13.

At a hearing Friday, oral arguments were presented by the state and by the defending attorneys for the students. The students filed a motion to dismiss the resisting a peace officer charge because they felt the charge did not accurately describe their actions at the protest.

Defense attorneys for the students cited a 1968 precedent, People of Chicago v. Raby, which states that a physical act must be involved in order to constitute a charge of resisting a peace officer.

Don Henderson, director of Students’ Legal Assistance and defense attorney for 65 of the students, said the demonstrators’ refusal to leave the highway “did not constitute any physical acts.”

Michael Herrmann, assistant County State’s Attorney, said the police officers involved, under statute, were “regulating the procession of the highway.

“They were under duty to keep the highways open. What if an ambulance was coming (during the sit-in). They were trying to do their duty. They were not violating anyone’s constitutional rights.”

Herrmann said the police officers told the students they would arrest them for not leaving the highway. After sitting on the highway for 90 minutes, demonstrators were arrested and transported to the DeKalb police station.

Robert Senechalle, an attorney for one of the students, said the state is “trying to stretch this incident into something it is not.” He said by reviewing the cases, the students refusal to leave the highway cannot be resisting a peace officer charge.

Engel said he would review the arguments, and in writing, advise both parties of his decision within two weeks.