A motion to dismiss a charge of resisting a peace officer will be examined today at a status review hearing for about 75 NIU students who were involved in last year’s Day of Action II sit-in on Lincoln Highway April 13.

The demonstrators filed the motion because they questioned the nature of the charge, said Don Henderson, NIU director of Students’ Legal Assistance and defense attorney for 65 of the students.

At the sit-in last spring, protesters were asked to leave the highway but refused to do so. After about 90 minutes, police transported students to the DeKalb Police station, 200 S. 4th St.

Henderson said the status review judge will rule on the students’ motion at today’s hearing, scheduled for 1:30 p.m. at the DeKalb County Courthouse.

Original charges brought about by the state included mob action and obstructing persons in a highway. At a June 14 status review, however, an additional charge of resisting a peace officer was added, and the mob action charge was dropped.

The mob action charge was dropped because DeKalb Circuit Court Judge Douglas Engel decided there was no “violent action” to support the charge. Defense attorneys for the accused said they do not believe the charge of resisting a peace officer accurately describes the action of the demonstrators.

The students also were charged with obstructing a highway, but this charge does not affect the students’ motion for dismissal of the charge of resisting a peace officer, Henderson said.