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City drops charges against man who burned Mexican flag[at the Alamo]
KENS 5 Eyewitness News ^ | 10/16/2007 | Joe Conger

Posted on 10/16/2007 9:29:43 AM PDT by SwinneySwitch

A former peace officer burned a Mexican flag in protest of the U.S. policy toward undocumented immigrants, and his demonstration at the Alamo has garnered national attention.

David Bohmfalk was set to go to court on a case of constitutional law regarding his right to burn a flag — any flag — on the steps of the Alamo. Now it appears the city is unfurling the white flag of surrender.

Bohmfalk's protest took two minutes, and the result was a $198 ticket for burning without a permit.

Free speech, Bohmfalk says, is worth fighting for. But now he won't have his day in court. Hours after the story first aired on KENS 5, the charges were dismissed.

"I am out financially, and I've had a lot of emotional turmoil over this," Bohmfalk said.

More coverage KENS video: Watch the broadcast

Bohmfalk has waited several months for a court date. Three court settings were rescheduled during that time.

The city attorney's office says it wasn't until a court date was set that prosecutors got their first look at the case. They admit it should have been thrown out, but that it was lost in the sheer volume of municipal cases.

"We're talking a thousand people a day walking through that door, and no one's happy," Deputy City Attorney Joe Niño said.

Bohmfalk's case has made the national news. Across the Web, it's the talk of patriotic Web sites, and some blogs are critical of him.

His attorney, Jason Jakob, says officers detained the former peace officer that May Day trying to find something to charge Bohmfalk with. All the while, he says, his client took some heat of his own.

"They tried to call him a domestic terrorist. They tried to get him for arson. They detained him for an hour and a half worth of his time. They allowed him to be spit on," Jakob said.

His brush with the law and his attorney's fees now have Bohmfalk considering more legal action against the city.


TOPICS: Culture/Society; Mexico; News/Current Events; US: Texas
KEYWORDS: alamo; aliens; flag; flagburning; immigrantlist; immigration; mexico Comment #1 Removed by Moderator

To: SwinneySwitch

Well, that’s a fair charge.

They need to something about the nut “preacher” in front of the Alamo.


2 posted on 10/16/2007 9:33:48 AM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: SwinneySwitch
"They tried to call him a domestic terrorist. They tried to get him for arson. They detained him for an hour and a half worth of his time. They allowed him to be spit on," Jakob said.

And if you burn the American flag - you are praised...

3 posted on 10/16/2007 9:34:06 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Olephart; pulaskibush; call meVeronica; AnimalLover; rineaux; Roamin53; genxer; time4good; ...

Ping!

If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.


4 posted on 10/16/2007 9:34:47 AM PDT by SwinneySwitch (US Constitution Article 4 Section 4..shall protect each of them against Invasion...domestic Violence)
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To: MeanWestTexan

I love it when liberals fight for the “right” to burn the American flag....but when the tables are turned....such as burning other flags....they can’t take it...its a hate crime.


5 posted on 10/16/2007 9:35:08 AM PDT by Blue Turtle
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If the Bohmfaulk had burned the US flag there would have been no charges - free speech don’t you know - but burning the flag of a minority turd world country - unlawful.


6 posted on 10/16/2007 9:35:55 AM PDT by Jigajog
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To: Blue Turtle

Now that they have dropped the charges against this guy some leftist will go to the Alamo and burn a Texas or an American Flag.

And yes, they will have to drop the charges against him too.


7 posted on 10/16/2007 9:40:33 AM PDT by trumandogz (Hunter Thompson 2008)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


8 posted on 10/16/2007 9:44:59 AM PDT by gubamyster
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To: SwinneySwitch
Considering the racial makeup of San Antonio (I have family who lives there) and the likelihood of the racial makeup of the supposed LEO of the community involved why am I not surprised especially considering how this man was treated at the hands of those so-called LEO types looking to lynch him. To wit:

"They tried to call him a domestic terrorist. They tried to get him for arson. They detained him for an hour and a half worth of his time. They allowed him to be spit on,"....

9 posted on 10/16/2007 9:45:28 AM PDT by Ron H. (American's are starting to regret not impeaching co-Presidente Jorge Boosh)
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To: MeanWestTexan

Is there a basement in the Alamo?


10 posted on 10/16/2007 9:50:33 AM PDT by the_devils_advocate_666
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To: the_devils_advocate_666
Is there a basement in the Alamo?

Madame Ruby seems to think so.

11 posted on 10/16/2007 9:56:43 AM PDT by Disambiguator (Political Correctness is criminal insanity writ large.)
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To: trumandogz
If I see a person burning Old Glory, I would grab my fire extinguisher to put it out.

Oops, I grabbed my hornet spray by mistake!

12 posted on 10/16/2007 10:01:34 AM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: trumandogz
Here is the original FR thread with actual charge (below link).

Man cited for burning Mexican flag[at the Alamo]

Park police cited Bohmfalk for illegal burning of rubbish, even it was a Mexican flag he set ablaze.

13 posted on 10/16/2007 10:13:19 AM PDT by Arrowhead1952 (DC scandals. Republicans address them, Democrats reelect them. (Tom De Lay 8/30/07))
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To: SwinneySwitch; Travis McGee

Once this b$ of his being tried got on the internet and on conservative talk radio, the lefties in charge of the b$ charges started filling their Depends.

The last thing the left wing thugs, who cheer when an American Flag is burnt or worse is a case like this one.

It is time for his lawyers to start civil suits against those who went after this man.


14 posted on 10/16/2007 10:22:19 AM PDT by Grampa Dave (("Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!"- Jim Robinson, Sept, 30, 2007))
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To: HuntsvilleTxVeteran

Huh?


15 posted on 10/16/2007 10:50:59 AM PDT by jackibutterfly
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To: trumandogz
Now that they have dropped the charges against this guy some leftist will go to the Alamo and burn a Texas or an American Flag.

Anyone burns an Aerican flag in my presence and they'll have more than a charge dropped on them.

16 posted on 10/16/2007 10:53:38 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: jackibutterfly
Hornet spray should not be used around open flame!
17 posted on 10/16/2007 10:54:34 AM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: MeanWestTexan

One burned Mexican flag a day in front of the Alamo, that’s all I ask...


18 posted on 10/16/2007 10:59:10 AM PDT by SaxxonWoods (...."We're the govt, and we're here to hurt."....)
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To: the_devils_advocate_666

If so, it would be full of water.


19 posted on 10/16/2007 11:54:22 AM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: Arrowhead1952
Park police cited Bohmfalk for illegal burning of rubbish, even it was a Mexican flag he set ablaze.

No wonder they didn't want to go forward. LOL

20 posted on 10/16/2007 11:59:54 AM PDT by TigersEye (Hillary can tap Hsus but she can't tuna fish.)
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To: MeanWestTexan; All

The guy is probably lucky the cops took him into custody when they did. If it was me wanting to make a statement against illegal immigration, maybe SA wouldn’t be the first place I would choose.


21 posted on 10/16/2007 1:16:04 PM PDT by wolfcreek (The Status Quo Sucks!)
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To: MeanWestTexan
Of course it was thrown out.

How can it be legal to burn the US flag but not the Mexican flag? Especially in Texas.

I could see it in California or Massachusetts.

22 posted on 10/16/2007 1:19:17 PM PDT by <1/1,000,000th%
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To: MeanWestTexan

“Bohmfalk”, hmmmm, what an unfortunate name.

Regards.


23 posted on 10/16/2007 1:43:33 PM PDT by ARE SOLE (Agents Ramos and Campean are in prison at this very moment.. A "Concerned )Citizen".)
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To: Ron H.
You are too kind in your characterization of the event. Allow me to be blunt and crude:

Hispanic police officers, unhappy with the protesters' politics, allowed him to be spit on and verbally abused (either by mexican tourists or hispanic U.S. citizens, or both) while they detained him.

Somebody needs to be taken to task for violating this brave mans' civil rights.

Actions have consequences, even for hispanic police officers who hold Caucasians in disdain.

24 posted on 10/16/2007 2:33:38 PM PDT by -=SoylentSquirrel=-
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To: -=SoylentSquirrel=-
Please, won't you tell me how you really feel. </LOL>
25 posted on 10/16/2007 4:07:51 PM PDT by Ron H. (American's are starting to regret not impeaching co-Presidente Jorge Boosh)
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To: -=SoylentSquirrel=-
Hispanic police officers, unhappy with the protesters' politics

Police officers. The agents of the state...but what state, and what people, do "hispanic" police officers represent?

And whose laws do they enforce?

The laws of the States of the United States, founded by white anglo-saxon Protestants?

Or the laws of Catholic, monarchist Mexico and Spain?

We all know the answer.

26 posted on 10/16/2007 7:55:05 PM PDT by Regulator
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To: HuntsvilleTxVeteran; jackibutterfly; Squantos
Hornet spray should not be used around open flame!

Hold my beer, and watch this:


27 posted on 10/17/2007 8:08:37 AM PDT by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: MeanWestTexan
They need to something about the nut “preacher” in front of the Alamo.

My daughter and I were sitting on the stone around the planters in Alamo Plaza one day waiting for her sister. Watching the Preacher strut his stuff, we lamented that AP was really tame when compared to a Central Park NYC scene. We decided, what was really needed was a Troupe of Mimes to act out the Preachers rantings.

I will however give honorable mention to the two labor picketers protesting Pioneer Mills. We asked them why they weren't picketing at the Pioneer mills location. (about 3 miles away) Their answer: "There isn't anyone to see us picketing there."

Alamo Plaza has a lot of potential, But it seems somehow, I always miss the "Good Stuff." The Mexican flag being burned, Ozzie Osbourne's visit...

28 posted on 10/17/2007 9:10:09 AM PDT by rock58seg (Change Homeland Security to U. S. Security. It's time they remember what country to protect.)
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To: Just another Joe

Amen, Joe- I may have burned a Mexican flag, but I’ll fight any SOB burning an American flag. Oh, for you dingbat liberals out there, the difference is that the AMERICAN flag is the flag of the country you’re supposedly a citizen of. Dogs won’t bite the hand that feeds them, but whoever said a left-wing dingbat has the brain of a dog?


29 posted on 10/18/2007 7:32:10 AM PDT by sgt_gator ("Either justice is always and in all circumstances sacred, or intrinsically of no account....")
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To: wolfcreek

Why was I lucky the cops took me into custody? They were also hispanic, and they did NOTHING while I was spat at and had my life threatened IN THEIR PRESENCE by a couple that was there. Oh, but one of them did give me an earful about what his ancestor (”...he fought in the Texas Revolution, too...on the OTHER side.”), would have done to me, had he caught me burning a Mexican flag. Not to mention all the unadulterated BS in the “official” police report.

While I’m on the subject, let me take a moment to tell the readers here. The report said I was “apologetic” and “very cooperative”. Apologetic? Nooooo, I was just letting the cop have enough rope to hang himself with. Hint: I’m a licensed police instructor and I have a Master’s degree in Criminal Justice, specializing in police ethics. Of course, he made it too easy, rookie mistakes that he made!


30 posted on 10/18/2007 7:32:11 AM PDT by sgt_gator ("Either justice is always and in all circumstances sacred, or intrinsically of no account....")
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To: sgt_gator
“Why was I lucky the cops took me into custody?”

First of all, welcome to FR. We could use a few more like yourself (doers instead of talkers)

I live in the Austin area and have visited SA many a time. I’m guessing you’re a brave soul but, the gangs in SA would have no qualms about throughly kicking your ass. (for lesser reasons)

I wasn’t implying any disrespect. I just know the area.

What was the final straw that led you to do this?

31 posted on 10/18/2007 1:23:02 PM PDT by wolfcreek (The Status Quo Sucks!)
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