Flag charges dropped ---Sheriff: Deputy shouldn't have been at scene

[RandiFan1290]

http://www.citizen-times.com/apps/pbcs.dll/article?AID=2007708030306


ASHEVILLE- Buncombe County's sheriff and district attorney have dropped charges against a couple accused of desecrating the American flag, saying they stood little chance in court.

The Sheriff's Office will continue an investigation into the actions of Deputy Brian Scarborough, who issued the charges after a complaint from a fellow National Guardsman, Sheriff Van Duncan said Thursday.

Duncan said he "had rather we responded to that call differently" and that Scarborough "probably shouldn't have been there to begin with."

The sheriff said he asked District Attorney Ron Moore to drop the charges against Mark and Deborah Kuhn, who also said the deputy assaulted them.

[Cooley Hurd]

1. GREAT news!

I fly a small flag upside down on the Cooley Hurd (not the decal in the picture, but on my fantail), and it's good to know I won't be prosecuted for it!:thumbsup:

[broadcaster]

2. Public visibility of this helped tremendously....

This incident is reflective of how when something happens locally, you can
say 'The Constitution' all you want, and the locals will do what they
think they can get away with. Fortunately in this case in Asheville, there
was major press attention and citizen involvement via video, photographs, witnesses
and reporting. In an interview one of the neighbors said the police told
her to return to her house and she refused saying what was happening mattered
to all residents of the area. Thus there were witnesses.

But note that all this witnessing had to happen after the police violated the
Kuhn's boundaries--breaking into their home, attacking Mr.Kuhn in his house, etc.

We need to work on deterring these kinds of things. Right now, the people are
afraid of the police, and this has to change---its the police who need to be
afraid of what will happen to them legally if they trespass, harrass, or beat up innocent
citizens.

[Old and In the Way]

3. Not good enough.

There ought to be a financial penalty for the town, so LE brownshirts get the message that we are serious about protecting the constitutional rights of our citizens.

[Blackhatjack]

4. Why didn't the Sheriff ask the Dist Attorney to investigate the ASSAULT complaint?

The Sheriff is a publicly elected official who owes a duty to the citizens in carrying out the responsibilities of his office.

Dropping the charges is not enough.

There needs to be a criminal investigation, and the officer needs to be held liable for assaulting this couple and violating their constitutional rights.

Saying only he "had rather we responded to that call differently" is beyond inadequate. It is not an apology. It does not hold the officer responsible.

Hope the good people of Asheville hold their feet to the fire on this one.