Sheriff regrets "flag-desecration incident", is investigating

[IChing]

Buncombe County Sheriff Van Duncan told the Xpress this afternoon that he regrets the turn of events surrounding the July 25 arrests of activists Mark and Deborah Kuhn on flag-desecration charges. Meanwhile, Xpress has learned the flag law was declared unconstitutional in a 1971 N.C. district court ruling.

“I regret that it happened this way — we’re not trying to enforce that statute,” Duncan said. “We had internal affairs investigators in the neighborhood today. I’ve met with the Kuhns personally. We’re talking to the District Attorney, we’re talking to their attorney and we’re trying to get this resolved.”

The Kuhns (who are pictured, post-arrest, at right) had hung an American flag upside down on the porch of their West Asheville home, and attached to it a picture of President Bush with the words “out now” and several messages explaining the meaning of their statement.

Duncan confirmed that the sheriff’s office usually passes nonemergency calls within the city to the Asheville Police Department, which had already visited the couple on July 18 and decided not to try to enforce the statute.

“We would normally not have handled the situation that way,” Duncan said. “We’re looking into it right now and trying to see how we can proceed to make sure an incident like this doesn’t happen again.”

Meanwhile, today Xpress learned that, in addition to U.S. Supreme Court decisions ruling that political uses of the flag are protected speech, North Carolina’s statute was declared unconstitutional in a 1971 ruling by the District Court of Western North Carolina. “Enacted during a period of national chauvinistic fervor, it the flag-desecration law is an uncommonly bad statute,” Circuit Judge James Craven Jr. wrote in the ruling. “Despite our respect, and indeed love, for these symbols of state and nation, we are compelled to hold the statute unconstitutional.”

http://www.mountainx.com/news/2007/duncan_regrets_flag_desecration_incident_is_investigating

[Trillo]

1. So how many other times have people been

beaten and jailed in that county for similar cause, or simply abused, and it didn't make the national news?

Right. Sheriff investigates himself.

[HiFructosePronSyrup]

2. So what do those jokers have to say about this now?

Were these two people still "out looking for trouble?"

[shain from kane]

3. Shririff don't like it.

Now my comment doesn't make any sense. OP changed title.

[MnFats]

4. you know he really hates it~

[dkofos]

5. The new American dream. Suing the cops for millions. GO GET EM

[Blackhatjack]

6. Doesn't Change the Fact that they were assaulted by a Sheriff's Deputy...

The Sheriff's Deputy should be fired and subject to civil suit.

THat can occur as soon as the Sheriff announces that his actions were not authorized by the department and that he acted outside the scope and course of his duty, and he is terminated.

Assaulting a citizen should be enough to fire him.

[IChing]

7. What about all the Sheriff flag defenders here on DU?

do they owe an apology? I say they do.

[Canuckistanian]

11. Yes, exactly. I was disgusted by the apologists' arguments

Let's hear what they have to say now.

[Donnachaidh]

8. So is the jackass that broke into their home FIRED yet?

That SOB needs to be out of law enforcement PERIOD.

[ayeshahaqqiqa]

9. wonder if the Kuhns are thinking of suing the idiot

who came to arrest them for false arrest and harrassment?

[guitar man]

10. not as much

as he would regret the lawsuit I would slap on his ass had that been me on the receiving end of such an assault. I hope they sue the whole damn department into the ground!! :grr:

[kath]

12. How lovely that a statute declared unconstitional remains on the books THIRTY-SIX FRIGGIN' YEARS

LATER!

What kinda assholes are runnin' that state?!?!