The Guardian: Occupy activist Cecily McMillan sentenced to three months in jail - McMillan to also serve five years' probation for deliberately elbowing a New York police officer at a protest in 2012
Cecily McMillan, who had been facing a maximum sentence of seven years, was told on Monday morning by Judge Ronald Zweibel that she "must take responsibility for her conduct".
"A civilised society must not allow an assault to be committed under the guise of civil disobedience," said Zweibel at Manhattan criminal court. However, he added: "The court finds that a lengthy sentence would not serve the interests of justice in this case."
McMillan, 25, received a three-month jail sentence to be followed by community service and five years of probation. Her lawyers expect her to serve two-thirds of the sentence. She will also receive credit for the two weeks she has been remanded at Rikers Island jail since being convicted.
Her conviction for second-degree assault is believed to be the most serious against any of the hundreds of members of Occupy who were prosecuted. . She had previously turned down an offer from prosecutors to plead guilty to the felony charge in exchange for a recommendation that she not receive a prison sentence and maintained throught the trial for assaulting a New York police officer as he led her out of a protest, that she swung her arm instinctively after having one of her breasts grabbed from behind.
Despite a letter signed by nine of the 12 jurors in her trial to Zweibel, asking him not to send her to prison and to show her leniency. Their letter was followed by similar requests from members of the New York city council and prominent pop musicians. Two members of Pussy Riot, the Russian punk activist group, visited McMillan at Rikers and also wrote to the judge. In addition, a petition by her defense team, bearing what they said were 43,000 names of other people asking that she not be sent to prison, he nonetheless delivered his order on her sentence.