Post by WaTcHeR on Mar 2, 2007 12:03:28 GMT -5
This is for Officer Kevin VanKley-Freedom of speech and expression isn't a crime.
VALPARAISO County police plan to drop a charge against a young member of the Porter Township Board who was accused of displaying his middle finger to two officers while on his way home from high school last week.
The decision to drop the case against 18-year-old David Wichlinski was made after prosecutors found a similar case in Indiana that was thrown out by the court of appeals, said Porter County Sheriff Dave Lain.
In both cases, the accused were charged with provocation, which is defined as an act that is likely to provoke a reasonable man to commit battery. The appellate court determined in the 1982 Monroe County case the evidence failed to show the officer had the physical capacity to commit battery or was provoked to batter the accused.
Lain said he does not fault rookie Officer Kevin VanKley for writing the citation and believes he was attempting to do good by sending a message to Wichlinski, son of former Porter Township Trustee Robert Wichlinski.
"You know, this is just a bad idea," Lain said.
Police said VanKley and Officer Larry LaFlower were near Boone Grove High School Wednesday afternoon when they saw Wichlinski reach toward the windshield of the vehicle he was in and make the obscene gesture toward them.
Police stopped the vehicle and Wichlinski denied flipping off police, saying he is an elected official and respects police officers. Police questioned him further and he admitted he did it because he had a bad day at school. Police said he apologized.
David Wichlinski could not be reached Thursday for comment.
Lain, who is friends with Robert Wichlinski, said no favorable treatment was sought or considered in the case.
Porter Superior Judge David Chidester threw another man in jail for several days last summer after he flipped off the judge and called him an obscene name.
Lain said police officers don't have a similar resource at their disposal to combat this type of behavior. Yet he said this type of behavior will most certainly draw attention and further investigation by a police officer.
Valparaiso police arrested two Valparaiso University students earlier last month on underage drinking charges after an officer said one of the young men flipped him off.
The American Civil Liberties Union filed a federal civil rights lawsuit early last month against the city of Pittsburgh and one of its police officers on behalf of a man who received a disorderly conduct citation for flipping off a police officer.
The suit raises the defense of free speech.
www.thetimesonline.com/articles/2007/03/02/news/top_