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eee VIL {€ shoald be made clear that we do not condone all of the activities of the National Guard an the Kent State Univer: silty campus on May 4. 1870. We find. however. that those members of the Naionai Guard who were present on the hill adjocent to Taylor Hall on Aiay 4: 1970. fired their wear pons in the honest and sincere belief aad under circum: stances which would have logically caused them to believe that they would sntler serious bodily injury bad thew not done so. They are not, therevare, subject to criminal prosecution under the laws ol this state tor any death or in- jury resulting therefrom. Fifty-cipht Guardsmen were injured by rocks and other objects hurled at them as they moved across the “Commons to Taylur Hali Hili and down to the practice lootball field, and were then focced to retreat. Shatever may have been in the minds of those who harassed and otherwise taunted the Natiopal Guard, it is clear that front the time the Guard reached the practice Foathall field, they were on the de- - fensive and had every resyan in be coreerned for their own - welfare. Tear pas was admittedly ineffective because of wind direction and velocity and it was the belicf of must of those Guardsmen present on ihe featball prarGee feld that their supply uf tear gas had been exitausted. That it was Taier delermined that one of ten grenadiers stil) had a small supply of tear gas remaining in no way changes this fact, The circurnstances present at that time indicate Uiat 74 imen surrounded by several hundred hostile rioters were forced to rcetreal back up the hill toward Taylor Halt uncer a constant barrage of rocks and vther tying objects, ac- cotnpanied by a constant flow of obscenitics and chants such aS UKIDL, RICL, KILL”. Photographic evidence has estab. ~... lished, bevond any deubt. that as the National Guardsmen t a Plimming had occurred in connection with the , - ~ al Noon on May 4th. approached the (op of the hill adjacent to Taylor Hatl, a large segment of the crowd surped up the hill, fed ‘by smaller groups of asitstors anproachine 19 wilhin shart dig- tances of the rear runes of the Guardsmen. BC The testimony of the students and Guardsmen is clear that several members of the Guard were knocked to the ground or to theie knees by the force of the objects Unrown at them. Althouch some rioters claim that only a few rocks were Urown, the testmany of construction workers in the area has established that 209 bricks were Etken from a nearby conslrection site. Varieus students were observed carrying rocks in sacks to the “rally. others brought gas masks and other couipment from off campus in ubvious anticipation of what was ta happen. Rocks had been stock: piled in the immediate vicinity and enes of “GIT TIE ROC KS" were heard as the Guardsmen went onto ne rac. tice ficid. There was additional evidence that advance “rally” held ‘ Fe ' Ate should be added, that although we fully understand ooo = agree with the principle of law that words alone are ne sufficient 10 justify the use of lethal force, the verbal at directed al the Geatdsten by the students daring the pe in question represented a level of obscenity and vulga which we have never betare witnessed! The epithets dire at the Guardsmen and meibers of thar families by 1 and female rioters alike would have been unbdclievatile they not been contirmed by the testimony frum every q ter and by audio tupes mide available to the Grand J tt is hart ta accept the fact that the language of the gu has become the common vernaculir of Many persuns po as students in search of a hicher education. The fact that we have ford those Guardsmen who f their weapons acted in self defense is nel an endorsenien us of the inanner in which those in command of the Na! al Guard re-acted. To dre contrary. we have concluded the group of Guardsmen wha were ordered to disperse crowd on the Coimmions were placed in an untenable dangerats pasition. The Grand Jury also concludes that the weapons is to the National Guardsmen are not appropriate in ate campus disorders. Testimony presented to tis Grand | reveals that the commanding officers of the Nau Guard are in agreement that the M-l Rifle and other powered weapons are not the type of wenpons suite such missions, except in thase instances where requice return sniper fire. Untorlunitely, however. under cur procedures, no other weapons have been mage avai to the Guard by the Hepartment ef the Army. Non-l wenpons Mere appropriate in connection with campus orders should be made available to the National Guar the fulure. The Grand Jury takes note of some whe have advoc that (he Guard be committed to action without live amr tion. With this we canmat agree. Guardsinen shoul furnished with weapons that will efford (hem the nece: protection under the existing conditions. err ng AE REY tPA crater SOLE Among other persons sharing responsibility for the | consequences of May 4, 10. then must be inckides “23 coscerne® faculty of Kent State Lriversity”” who posed and cade available for distribution on May 4, the lollowing document: “The appearance af arnied troops on the campus of Stite University is an appalling sight, Occupation o town and campus by National Goeardsmen i testuda the dotiidation af irrationainy in the policies of our erminent. The President of the Uniled States commits an i ack af war and rejers to bis oppesiticn as “buns”. studerts and facutty and. indecd. all thinStoe people | his position is not only fvuune! but patriotie True. bur building at Kent State University is no jokes we co leect tacties. Vetothe burinp af en ROTC building is no dent, We deplore this vieience but we feel it must he v in the larger context of the dily burning of buildiny peanie_ by our government in Vietnam, Laas, and now bodia. nan