Editor's note: The above video is from our Tuesday night coverage. It includes video from a local independent livestreamer, who has since had his charges dropped.
AUSTIN (KXAN) -- As KXAN sought further context on the 13 people arrested during Monday's ICE-related protests downtown, we learned the charges against a local independent livestreamer were dropped, according to both the individual and his attorney.
Hiram Garcia was originally arrested by the Texas Department of Public Safety for resisting arrest, the agency said in its initial press release about the arrests.
Garcia's arrest affidavit stated he "ran directly at the line of officers attempting to get past them," as chemical agents were released to disperse a crowd, after law enforcement told him "to move back from the police line multiple times."
However, according to court documents KXAN obtained from Garcia's attorney, that charge changed to an interfering with public duties charge — a Class B misdemeanor — before it was dropped as a whole "due to insufficient probable cause."
KXAN reporter Barrett Tryon spoke with Garcia as he was released from the Travis County Jail Wednesday morning.
“Making sure it was all captured without being part of the protest,” he said. “I’m explicitly not a protester. Maybe wrong place, wrong time, I couldn’t describe it to you. Again, [my charges were dropped], I’m going to take that as being able to maintain my air of professionalism right.”
Garcia was also arrested during the 2020 protests. Those charges were dismissed.
KXAN has reached out to each arrestee or their attorney directly and will update this article when we receive responses.
One arrestee, Cody Bates, is being represented by the Mental Health Public Defender. He is accused of throwing an object at a police vehicle, according to his arrest affidavit.
Three men arrested by DPS accused of spray painting building
Zakk Bonham, Alvin Talley and Luis Davila are all accused of using spray cans to "deface the Omni Hotel" and a parking garage nearby.
According to their arrest affidavits, an undercover DPS agent witnessed this. He stated the damage was more than $2,500. Their affidavits also state they "refused to obey the orders directed by APD" when officers announced the protest was over and ordered people to clear the streets.
Husband, wife arrested at protest
Hayden Perez and Margarito Perez-Montalvo, identified as husband and wife in their affidavits, were both arrested at the protest.
Margarito faces two charges: resisting arrest and interference with public duties. Hayden faces a third-degree felony charge of harassment of a public servant.
Court documents state the couple failed to comply with "multiple" dispersal orders. After "the course of at least one hour," APD attempted to take individuals into custody, including Hayden and Margarito. Hayden allegedly ran off, and officers "went hands-on" to detain her. That's when court records state Margarito grabbed his wife, and the two held onto each other as police arrested both of them.
Hayden's arrest affidavit states she spat in an officer's face.
KXAN is continuing to obtain context on these arrests. Check back for updates.
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