Editor's note: This article was updated at 3:15 p.m. Thursday to include additional information from OU Police Chief Nate Tarver.
OU Police Chief Nate Tarver said the individual responsible for placing objects outside of Gaylord College Friday, signaling a suspicious package alert that lasted around two hours, won’t be charged due to a lack of evidence of a crime being committed coupled with the person's First Amendment rights.
Tarver told OU’s Staff Senate Wednesday that the individual called police and explained the objects were part of a protest art display and were placed with no malicious intent.
Tarver emailed OU Daily Thursday morning to add that the decision not to charge the individual was "based on a lack of articulable evidence that a crime was committed."
"We found no criminal intent. This person was only trying to draw attention to their message which indeed does fall under the protection of free speech," Tarver wrote. "One of the things people forget is that we as law enforcement officers take an oath to uphold the law, to include the Constitution of the United States, which includes the First Amendment."
In an additional email Thursday afternoon, Tarver wrote that the lack of evidence includes the intent to cause harm or destruction.
"None of the materials were incendiary or harmful," Tarver wrote. "There was no vandalism or defacement of university property. I would not call (the individual's call) a confession, but a plausible explanation of intent and purpose. None of which was considered malicious.
"This individual didn’t have to come in of their own free will and volition, but did. This can be viewed through many different lens, however we find no articulable elements of a crime."
On Friday, objects placed outside Gaylord College prompted a two-and-a-half-hour long response by the OU Police Department and the Norman Police Department. Gaylord College, Christopher C. Gibbs College of Architecture and the Asp Avenue parking facility were evacuated as a result. NPD’s Hazardous Devices Unit responded and discovered the objects were not explosives and threw them away in a dumpster nearby.
“There was no malice, no malintent and upon closer inspection, it didn't really look like a device,” Tarver said. “It turned out (to be) nothing, it was basically a freedom of speech type situation.”
The First Amendment states Congress can make no law that would inhibit a citizen’s freedoms of speech, assembly, press, petition or religion.
According to Tarver, OUPD likes to remain cautious in such incidents. He said OUPD saw what appeared to be wires upon first inspection, suggesting the presence of a device.
"It just initially looked suspicious," Tarver wrote in an email Thursday afternoon. "We acted out of an abundance of caution and for the safety of all involved."
OU Daily took photos of the protest art, which consisted of bricks, rocks, raw meat, hair and ripped clothing.
A photo of the suspicious package left outside Gaylord Hall on Friday, Feb. 16 that police threw in the trash after determining it wasn't a threat to campus.
Tarver wrote Thursday that there was one individual involved in the placement of the materials, and the sign was part of the overall display.
Tarver was not asked and did not speak about Saturday night’s law enforcement emergency alert near Evans Hall.
Tarver said OUPD is understaffed with 34 officers out of 40 OUPD officers employed. He said he is in the process of requesting funding for the remaining six and hopes to employ a total of 44 officers in the future.
As of September 2022, Tarver said 27 of 40 allocated OUPD positions were filled. In winter 2022, there was one OUPD officer for every 1,056 students on OU’s Norman campus.
According to OU’s fall 2023 enrollment summary report, there were 29,166 students at OU in fall 2023, meaning there was one officer for every 857 students, taking into account Tarver’s now-filled positions.
Tarver cited low wages as detractors for prospective OUPD officers. He said OU attracts officers through degree opportunities.
“They don't go out and get as much money as we would like for salaries,” Tarver said. “We're kind of on the low end of the spectrum when it comes to that.”
Tarver said though OUPD is understaffed, its officers are qualified and remain busy, citing his 36-year career as a municipal law enforcement officer for Moore and Oklahoma City. According to Tarver, OUPD officers also work additional shifts for special events on campus.
“My officers, the few ones that I have, stay pretty doggone busy tied up with different things,” Tarver said. “They're doing a fantastic job, (they’re) very enthusiastic about and dedicated to what they do and how they go about carrying out their responsibilities trying to keep the campus safe.”
Tarver said OUPD is as well-trained and dedicated as other police officers. According to Tarver, the strength of OUPD is its ability to connect with people on campus and gain a sense of community.
“Campus law enforcement is the epitome of law enforcement,” Tarver said. “Our goal is not to be out here making all the arrests that we can make or writing all the tickets that we can, … we’re more community oriented.”
Tarver said he hopes people on campus alert law enforcement of any suspicious activity. He said people on campus have a familiarity with their surroundings that allows them to notice irregularities and keep campus safe.
“If you see something and it doesn't settle right with you, let us know and we can inspect it,” Tarver said. “That’s what we’re here for, you’re not bothering us.
“When I say that we try to keep the campus safe, please understand and know that we're just a small part of that,” Tarver said. “All of (OU) contributes to that as well.”
This story was edited by Peggy Dodd, Ismael Lele, Karoline Leonard and Anusha Fathepure. Natalie Armour and Grace Rhodes copy edited this story.
