Charges of resisting a peace officer for about 75 NIU students involved in the April 13 Day of Action II sit-in at Lincoln Highway have been dismissed.

In a letter to the students’ attorneys and the state’s attorneys, Associate Judge Douglas Engel stated the students’ motion to dismiss the charge was “well-founded.”

Resisting a peace officer is a Class A misdemeanor.

At a Sept. 30 hearing, the defendants argued that charges of the students refusing to leave the highway did not constitute resisting a peace officer because it did not involve a physical act.

During the incident, protesters were asked to leave the highway but refused to do so. Police arrested students after about 90 minutes and transported them to the DeKalb police station.

Engel stated he concurred with the defendants’ position that resistance requires some actual physical act.

“It is my opinion that merely staying on the street after being ordered by the police officer to remove oneself does not constitute resisting,” Engel stated.

Don Henderson, Students’ Legal Assistance director and defense attorney for 65 of the students, said, “I am certainly pleased with the ruling of the judge. We believe the actions of our clients were not criminal.”

Henderson said the decision can be appealed by the state’s attorney after 30 days.

Assistant State’s Attorney Michael Herrmann said, “We are disappointed in the decision, and we respectively disagree with it.”

He said the state will review the case and determine if an appeal will be filed.

Students also were charged with obstructing a highway in connection with the incident. Henderson said this traffic charge still is pending.

Engel’s letter stated the charge for obstructing a highway would be set for plea on Dec. 9 at 1:30 at the DeKalb Muncipal Building, 200 S. Fourth St.

A charge of mob action, also a Class A misdemeanor, against the students was dismissed June 14 because Engel said there was no “violent action” to support the charge.

The incident was part of a statewide protest against higher education budget cuts.