Prosecutors are dropping the case against a man who flipped off a state trooper on C-470 near West Bowles Avenue last month.
Shane Boor, 35, was facing a charge of misdemeanor harassment after admitting to “flipping the bird” to an officer making a traffic stop as he drove to work April 19. The American Civil Liberties Union offered Boor free legal representation, but authorities have now decided not to pursue the case further.
“After reviewing the facts of the case, this incident does not support probable cause to sustain the charge of harassment as such actions under these circumstances are protected free speech,” the State Patrol said in a statement issued late Friday afternoon.
“The Colorado State Patrol has requested the dismissal of the charge with the First Judicial District. The District Attorney’s Office has filed a motion to have the case dismissed.”
Dan Recht, the attorney who was representing Boor, said his client’s actions were a clear case of speech protected by the First Amendment to the U.S. Constitution.
“We are gratified that this state trooper’s superiors chose to dismiss the case,” Recht said.
Recht said law enforcement officers need to be better trained and better informed in order to recognize situations in which an individual’s speech is protected.
Boor said he told the officer he gave him the finger “because you’re thieves and you harass people.”
Kyle Glazier:303-954-1638 or kglazier@denverpost.com
