◆ SpookStack

‘ * - _ ‘ ‘ 1 By HASKELL SHORT, Press Ohio Bureau Chief RAVENNA — A special state's Grand Jury today in- dicted 25 persons for 43 offenses as it returned its inves- tigattve report of the May rioling at Kent State Universi- ty which saw four students killed and nine wounded by National Guard lroops, : The jury ruled that the guardsmen, placed in an un- tenable position with only deadly weapons to control an onrushing, rock-throwing crowd, fired in self-defense and cannot be prosecuted under Ohio laws. Names of the persons indicted were kept secret unlit they have been arrested. Those accused were not identi- fied in any way—but they definitely did not incude guardsmen. Robert Balycat, the state's chief investigator in the ine quiry, would not detail the offenses charged against the indicted 25 other than to say no narcotics offenses were involved and the offenses all occurred between May 1 and May 4. THE COURTROOM in Ravenna and the KSU campus five miles away were tense as (he jury returned its re- port pinning responsibility for the four days of rioting | a oe ee, lipon the university administration's permissive pouciés | toward radicals, which left the administration powerless to control its campus. The report said it is reasonable to believe that the tragic events of Sunday and Monday (May 3 ard 4), fol- lowing the Saturday night burning of the campus ROTC building, would nol have occurred if KSU police had moved in to chase away the four or five students actively Jighling firemen at the scene. Jurors mentioned no names but they sharply criticized the conduct of National Guard commanders, the univer- sity administration, a segment of the faculty and univer: sity policy developed over the years recognizing all radi- al student groups wanting to use campus facilities. IN CONTRAST (0 the report by the President’s Com- mission on Student Unrest that the Kent shootings were unnecessary and unjustified, this jury of Portage County residents said it uncovered evidence beyond Lhat found by the FBI and other investigative agencies. While criticizing guard commanders for giving the troops only deadly M-1 rifles, called inappropriale to use in Student disorders, the Grand Jury said the retreating sefdiers, under rock attack by a riotous mob, fired “in ‘dhe honest and sincere belief. . . they would suffer bod- ily injury had they not done so.” , “They are not, therefore, subject to criminal prosecu- tion under the laws of this state for any deaths or in- njurias pesuting therefrom,” the 18-page report slated, ie ad Dg DT ae 3 =—ritE-FBI HAD TURNED over all evidence it g&Tc to the state to help the Grand Jury in its investigati Although the Justice Department could continue Kent investigation it would be highly unusual if the F eral Government would build a case against the Natio _ Guard with evidence that a jury of local citizens for | the shootings justified. The Grand Jury also concluded that the same c ditions which led to the tragic events still exist and \ fontinue until the university, faculty and students —t. ia 3lron® Stand against radicals bent upon violancé destruction of the school.” It urged that ail who wouid disrupt the university expelled. THE GRAND JURY report came after 25 days of stu ing evidence gathered by federal and state agen and hearing testimony from more than 300 witnesses. Special security precautions were evident as the port was released because Robert While, KSU presid: iwatned two days ago that radicals were surfacing as ‘on campus. The report gave 2 detailed description of events 1 ing to the shootings as the 74 guardsmen on cam duty retreated across the practice football field tow Taylor Hall when their tear gas barrage failed to br up a student rally at noon. It said 48 guardsmen » hit by rocks. “The most discouraging aspect of t! university's role in the incidents... that the administrative leadership h totally failed to benefit from past event: “Whatever may have been in the minds of those harassed and otherwise taunted the national guards it is clear that from the time the Guard reached practice football field they were on the defensive had every reason to be concerned for their own fare,” the jury said. Student participants were branded as “guilty of liberate criminal conduct .. . those wha stood b cheer leaders and onlookers, while not Hable for c¢ inal acts, must assume a part of the responsibility what occurred.” “TEAR GAS WAS: admittedly ineffective becau: wind direction and velocity, and il was the heli “most of those guardsmen present on the field tha supply of tear gas had been exhausted,” the jury sa eine a