Suffolk District Attorney Kevin R. Hayden’s office formally accused all 13 people with violating the state law prohibiting “promotion of anarchy,” records show.
“Further investigation revealed violent imagery and rhetoric used in promotional media for the October 7 incident,” Hayden spokesman James Borghesani wrote in an e-mail. “This organizing material promoted violence against police and presented an immediate threat to public safety which, combined with the actions of the individuals arrested, provided clear justification for the enhanced charges.”
On the protesters’ social media account, the group posted a flyer urging people to gather near the Embrace on the Common around 5:30 p.m. on Tuesday, Oct. 7, the day the Gaza war began in 2023, police wrote in a report filed in court.
The flyer has an image of a burning police car and also a quote from Abu Obeida, the spokesman for Hamas’ military wing who was killed by the Israel Defense Force in Gaza in August, police wrote.
“Peace be upon your souls that will one day soar in the skies of your liberated Al Quid’s and Al Aqsa, purified from the defilement of your killers,” the quote reads, police wrote.
That information, police wrote, contained probable cause to believe “this group intended to conduct their rally and march in such a way that it induced fear, caused destruction and disruption, caused injury and promoted anarchy,” police wrote in a supplemental complaint filed in court.
Conviction on the anarchy charge carries a maximum sentence of three years imprisonment, records state. The law also, regardless of whether one is sent to prison, bans a convicted person from working as a teacher or an administrator in public or private schools.
The anarchy charge was disclosed on the second consecutive day prosecutors, police and some of the defendants appeared in the BMC courthouse. (Six pleaded not guilty Wednesday but will immediately be arraigned to face the anarchy charge at a later date.)
In addition to the allegation of violating the ban on prohibiting anarchy, authorities filed new charges against each of the defendants based on a police analysis of body-worn lens and surveillance videos, court records show.
Some of the defendants were banger with additional assault and battery on a police officer charges, while others were charged with helping a prisoner escape from police custody.
Seven protesters were in court Thursday. During the hearing, 16 Boston police officers lined the walls around the courtroom while some 30 supporters of the protestors, many wearing keffiyehs, symbols of Palestinian support, sat in the public area.
Boston Municipal Court Judge Paul M. Treseler, a former Suffolk assistant district attorney and Parole Board member, set cash bail of several thousand dollars for the seven protestors who were arraigned Thursday. All seven were handcuffed by court officers and taken to the internal prisoner’s dock.
It was not immediately known Thursday whether any of the seven were able raise the cash needed at the courthouse or whether they were transported to the Nashua Street Jail.
The new criminal allegations came one day after Mayor Michelle Wu called for the protesters to be “prosecuted to the fullest extent of the law” and Gov. Maura Healey condemned the incident unacceptable for Massachusetts.
The protesters had gathered near the Common to mark the second anniversary of the start of the war between the Israel and Hamas, police said.
As the marchers neared Tremont and Winter streets, prosecutors alleged they tried to block the street just as police in marked cruisers with lights activated were trying to reach an officer who had called for help.
In court, Suffolk Assistant District Attorney Olivia R. Izzi said police had reviewed police body worn cameras and videos posted to the internet about the incident and developed new information about one of the protestors, Emerson College senior Hayley A. Macintyre.
As the cruiser tried to move past, Izzi said, Macintyre allegedly kicked the cruiser, prompting an officer to move to stop her from vandalizing the cruiser and blocking the street, Izzi said.
Izzi’s summary sparked a question from the judge.
“Is it your allegation that Hayley Macintyre set this riot off?” Treseler asked from the bench.
Izzi replied, saying “it seems she was one of the first protestors to attempt to block” police responding to the emergency call.
“It’s believed at this time, the rioter who kicked the cruiser door and initiated the violent incident is suspect, Haley Macintyre. That’s the defendant before you,” Izzi told Treseler.
Macintyre is charged with promoting anarchy, assault and battery on a police officer, interfering with a police officer, and other charges.
The anarchy charge is often described by law enforcement as inciting to riot.
Izzi asked that bail be set at $5,000 cash.
But Kylah Clay, an attorney for the National Lawyers Guild representing Macintyre, told Treseler that $500 cash was a more appropriate amount since the goal of bail is to ensure she keeps court appearances.
Clay also said that Macintyre is a North Reading native who is senior in Emerson’s film studies program who has lived in Dorchester for the past four years. She is in weekly contact with her family, the lawyer said.
Treseler set bail at $7,500 cash for Macintyre who was put into handcuffs and taken into custody by court officers.
Clay, in a Globe interview outside of the courtroom, said she will appeal the bail decision and called the inciting to riot charge “totally bogus.”
“I think that it’s just an attempt to silence people who are rightfully advocating for Palestine, and I think, I think that this is just a punishment for them engaging in their First Amendment speech,” said Clay.
Macintyre, 24, a Dorchester resident, was originally to face just three charges – disorderly conduct, disturbing the peace, and resisting arrest.
Roderick Atwood, 21, who is charged with breaking the nose of a police officer and was jailed on $10,000 cash bail Wednesday. He posted the bail and was sitting in the public area of the courtroom Thursday.
Atwood, who was originally identified by police as Roder Atwood, declined to speak with a Globe reporter Thursday.
On Wednesday, the other defendants pleaded not guilty to three charges Wednesday and bail was set at $500 or $1,000 cash by Judge James M. Stanton
Clay said some of the students were ordered to stay out of downtown Boston, making it impossible for them to attend classes. She said she wants to get that limitation changed, too.
“These charges are bogus because they’re going very clearly after first amendment speech,” Clay said.
This is a developing story and will be updated.
Information from earlier Globe reporting was used in this account.
John R. Ellement can be reached at john.ellement@globe.com. Follow him @JREbosglobe. Truman Dickerson can be reached at truman.dickerson@globe.com.
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