The activist charged with assault for throwing fake blood on Police Commissioner Bill Bratton and his security detail last week has posted bail.
Diego Ibanez was released on November 26 after spending two nights in jail, according to his lawyer, Eliza Orlins. She added that she was unsure who put up the money; shortly after Ibanez’s arraignment, fellow activists took to Twitter to raise money for the $20,000 in cash or $30,000 bond he would need in order to get out. According to one tweet from OWS Bail Fund, which raises money for legal expenses for activists in New York, the group managed to raise “about half” of Ibanez’s bail money.
— Handout (@theHandout) November 27, 2014
— M. Gould-Wartofsky (@mgouldwartofsky) November 26, 2014
Thank you to everyone who contributed to the bail fund to #FreeDiego. We’ve raised about half his bail & He is out!
— OWS Bail Fund (@OWSBail) November 27, 2014
At a court date on November 28, Ibanez had his case adjourned until February 23, a spokesperson for the district attorney confirmed. (On that date, however, his case could be adjourned yet again, as the D.A.’s office may wish to continue its investigation.) The most severe charge against Ibanez, second-degree assault, is classified as a violent felony with no minimum sentence but a maximum of seven years. He faces two counts of that charge.
Ibanez has also been charged with two counts of second-degree aggravated harassment and six counts of obstructing governmental administration — both misdemeanors that carry maximum one-year sentences; and six counts of third-degree criminal mischief, each of which could carry four years.
The internet has reacted to Ibanez’s case with both enthusiasm and confusion over how much jail time he could actually face. Some posters said he could be looking at 225 years in jail, while others wrote that he faced more than 14 years.
There is an INACCURATE tumblr post claiming that Diego Ibanez is facing 225 years. He’s facing 14+ years or so which still insane #FreeDiego
— FREE Chelsea Manning (@shushugah) November 26, 2014
Because there are two assault charges against him in the criminal complaint, he could still face 46 years if a judge chooses to run the sentences consecutively. But legal experts tell the Voice that such scenarios are unlikely. Multiple charges related to a single incident are often sentenced concurrently.