Occupiers Leave Bank Building After Four Days — and Before Cops Arrive to Arrest Them

When the Santa Cruz Police Department's top officials checked out the Coast Commercial Bank at 9 p.m. Saturday, they found that the protesters who had held it since Wednesday were gone.

The building at 75 River St. was damaged and furniture was piled against a door, but there was none of the violence or confrontation that has been a part of demonstrations in other cities. There were also no arrests, although that is likely to change soon.

"We're extremely pleased with the way this was resolved,'' said Police Chief Kevin Vogel. "When you look at what's happened in other jurisdictions, this was a good outcome for all."

Vogel said the fact that the occupiers had left before police had to arrest them didn't mean there would be no charges against them for breaking in and damaging the property. He described the difficulty in negotiating with the protesters in his blog Saturday night.

"After we go in and check everything out, we'll refer the case to the District Attorney's office. They will decide whether charges will be filed."

Vogel said he got a call from Deputy Chief Steve Clark who had driven by the building and saw that it appeared empty. The two chiefs got together with some uniformed officers and a Santa Cruz Fire Department crew to open a back door that had been chained and padlocked.

Occupiers in the bank voted Saturday afternoon to be out no later than Sunday at 3 p.m., after deciding that holding the building was “unsustainable.” No one was inside by the time police arrived just hours later.

"We had been told they had no intention of leaving," said Vogel, whose officers had been negotiating with the occupiers on a cell phone police gave them. "We don't know why they left, whether it was us, or they just had other plans."

Deputy Chief Steve Clark said leaving was a “wise decision” because he feared people might have been hurt if police had to force their way in and arrest the protesters.

But he said it won't stop people for being prosecuted for any damages to the property.

“Some people will be going to jail,” said Clark. “[Leaving only] made a difference in terms of any injuries they may have sustained.”

Clark said the department was criticized by some for leaving Wednesday night after confronting occupiers and trying to get them to leave the bank.

"People were like, just smoke them out," Clark said. "They don't understand you can't do that. It would have been an irresponsible decision. It would have exposed the city to liability. It's not a realistic option."

Clark added that the department had worked out a plan for an assault that would have ended in arrests for the 40 or so people who were in the building and the plans are intact in case it happens again.

Although the decision to take over the empty building was not a consensus decision of the General Assembly of all the Occupy Santa Cruz protesters, Clark said the events of the last four days had doomed any negotiations between local officials and the original encampment.

“All bets are off the table at this point,” said Clark. “They probably assume that park [presence] will be short lived.”

One of the protesters, Brent Adams, said the bank building occupation had caused divisions in the movement as well, but he is hopeful that they can reconcile any hard feelings that remain.

“Members of Occupy Santa Cruz that may or may not have been part of this are going to rejoin the movement and start working on our healing,” said Adams. “We may have stayed longer than we should have, in my opinion.”

Adams plans to take a vacation to avoid arrest. He says the movement is working on securing office space for organizing through the winter, and sees the overreaching move to take the bank building as a small misstep in what he sees as a crusade against foreclosures and wealth consolidation.

“Don Lane is still working with us, sort of. We'll see.”

Clark didn't give any estimate of damages, and until they are able to inspect the entire building, the only charge against occupiers is trespassing.