Update: ACLU condemns bail set at $1 million for Lancaster shooting protestors, as judge looks to revisit the issue

"Cash bail should never be used to deter demonstrators and chill speech."

• Julia Agos/WITF
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  Julia Agos was a reporter and the host of All Things Considered for WITF.

*This story has been updated to note the latest decision by the presiding judge*

(Lancaster) — A Lancaster County judge is expected to revisit the $1 million bail set for nine protestors arrested in Lancaster in the wake of the fatal police shooting of Ricardo Munoz.

The American Civil Liberties Union criticized the figure “exorbitantly high” and unconstitutional, in a statement.

At least 100 protesters gathered at the Lancaster police station Sunday night after an officer shot and killed 27-year-old Ricardo Munoz in the city.

Munoz, who was schizophrenic, died after charging at an officer with a knife.

Most demonstrations were peaceful until early Monday morning, when a dumpster fire was started outside the station and at least three windows were broken with projectiles.

Police used tear gas to disperse the crowd and nine people were arrested and charged with arson, as well as riot, and institutional vandalism.

Magisterial District Judge Bruce A. Roth set bail at $1 million for nine of the defendants.

“The $1 million cash bail orders for several young Black Lives Matter protesters last night is an egregious and unacceptable abuse of the bail system. Cash bail should never be used to deter demonstrators and chill speech,” said Reggie Shuford, executive director of the ACLU of Pennsylvania.

Nyssa Taylor, criminal justice policy counsel for the ACLU Pennsylvania said by law, bail should only be used to ensure the defendant shows up to court, not as a deterrent for future protests.

“We’re clearly seeing the desire to make a statement. Wherever you see six identical bails in a row the judge didn’t make an individualized assessment for each person before him,” she said.

State law requires a judge to consider several factors when determining bail including the defendant’s financial situation.

Court records show not one of the defendants was able to post bail.

They are being held at Lancaster County Prison pending trial.