BUFFALO, N.Y. (WKBW) — Erie County District Attorney John Flynn announced his office has dismissed the case against a man who was arrested after a confrontation over flags in Hamburg.
The incident occurred earlier this month. Hamburg Town Supervisor Randy Hoak told 7 News that before a ceremony was held to raise a Pride flag outside of the town hall, town leaders realized the POW-MIA flag was tattered and needed to be replaced and was taken down. This led to a confrontation with a local veteran who believed the flag was being replaced, which led to an arrest.
Hoak said it was all a misunderstanding. Veteran Russell Jay Deveso said they were upset that the flag was taken down but, "we don't have any problem with the Pride flag, as long as it's displayed properly."
The POW_MIA flag was replaced and put back up when 7 News was at the town hall to speak to Hoak.
DA Flynn released the following statement as part of his announcement that the case was dismissed:
“Yesterday, my office dismissed the case against a veteran who was scheduled to be arraigned on a non-criminal violation following an alleged incident at a flag raising ceremony earlier this month outside of Hamburg Town Hall.
The veteran was allegedly involved in a confrontation with Hamburg Town Supervisor Randy Hoak and another individual on the afternoon of Friday, June 2, 2023. The veteran, a 72-year-old resident of Hamburg, was subsequently charged with one count of Harassment in the Second Degree and given an appearance ticket to be arraigned yesterday morning.
While my office does not prosecute violations outside of Buffalo City Court, we were appointed to oversee the case after the Hamburg town prosecutor recused himself from the matter. Our investigation determined that the alleged actions of the veteran did not rise to the level of a harassment violation and the case against him could not be proven beyond a reasonable doubt in a court of law.”
