Five environmental activists have been found guilty of one of two charges after blocking a train during a protest in Everett last year.

The jury spent four days listening to testimony from the defendants and expert witnesses on climate change. Friday afternoon in Lynnwood’s South District Court, a jury found the defendants, who call themselves the Delta 5, not guilty of impeding the movement of a train, but guilty of second-degree trespass.

As Lynnwood Today reported earlier this week, the trial marked the first time experts were allowed to testify on behalf of a necessity defense of the threat of climate change.

However, when the judge allowed the testimony, he did not say that the jury would be instructed to include it in their deliberations. After the trial, the judge instructed the jurors to only consider whether or not they were in violation of trespass and train laws.

“The judge refused to introduce our defense because of a lack of precedent,” Jackie Minchew, one of the Delta 5, said. “The necessity defense is something that needs a new precedent.”

After the trial, jurors spoke with the defendants.

“Two of the jurors said they are ready to join us lobbying at the state house,” defendant Abby Brockway said. “I’d call that a success.”

Four of the five defendants were sentenced to $550 in fines and fees and two years probation. The fifth defendant, Mike Lapointe, had his fines suspended due to financial circumstances.

The terms of their probation are that they have no further criminal violations and have no contact with BNSF property.

The trial was moved from the Snohomish County Courthouse to Lynnwood court to accommodate the larger crowd expected for the trial.

–By Natalie Covate