Top

blog

Stories

 

Case against man ticketed for saying "F*ck it" at Sam's Club dropped due to lack of witnesses

bad.language.thinkstock.jpg
The disorderly conduct case against a man who dropped the F-bomb at an Aurora Sam's Club has been dropped. Russell Blackburn, the 59-year-old computer programmer ticketed for the offense, says he showed up for his July 15 jury trial only to hear the prosecuting attorney tell the judge that the case was being dismissed due to a lack of witnesses.

See also: Man says "F*ck it" at Sam's Club, gets a ticket for disorderly conduct

Blackburn says he's both pleased and disappointed with the outcome. While he's happy that the charge was dropped, he says he would have liked to see the issue play out in court. He's particularly interested in how the judge would have reacted to a motion filed by his attorney claiming that use of the F-word is protected under the First Amendment.

The incident at Sam's Club happened back in January. Blackburn, who has diabetes, had paid for his groceries and was waiting in a long line for a second Sam's Club employee to check his receipt against the items in his cart when he realized that his blood sugar was dangerously low. "Fuck it," he said, and he steered his cart toward the front of the line.

An off-duty Aurora police officer who was working as a security guard at Sam's Club shouted for him to get back in line. Their interaction turned confrontational when Blackburn repeatedly asked if he was being arrested or detained and the officer refused to answer. According to Blackburn, the officer also refused to provide his name and badge number, and he twisted Blackburn's arm when Blackburn went to reach for his ID.

According to the police report, Blackburn also said, "This is fucking ridiculous. I am not standing in fucking line again," and called the officer "a real asshole." Blackburn says he only remembers saying the F-word once.

The officer ended up ticketing Blackburn for violating the city ordinance that prohibits disorderly conduct. Specifically, Blackburn was cited for "using abusive language or threats to any person present which creates a clear and present danger of violence."

Blackburn says he has filed a complaint against the officer with the Aurora police internal affairs division; he has also filed a complaint against an Aurora lieutenant who refused to allow him to file a complaint the first time he tried to do so.

"I said what I wanted was for that not to occur again," Blackburn says.


Follow me on Twitter @MelanieAsmar or e-mail me at melanie.asmar@westword.com



Advertisement

My Voice Nation Help
70 comments
mememe_5
mememe_5

This is not about words. It's about out of control cops who hate the people they are supposed to protect. Hope he sues Sam's club

Nathan Seely
Nathan Seely

Ill bet the words the judge used were "fuck it" we can't charge him

REDEYE
REDEYE

Any time a city such as Aurora capitulates and fails to support its own self-administeredhomerule ordinances because its own officer and witness fails to show, it knows something is fundamentally wrong. The summary of the motion to dismiss shows in the police report “this is fuckin ridiculous” and other word combinations of fuck, fucked up or what the fuck indeed falls short of fighting words needed to show anticipated threats.

This cop attempting to maintain the peace with his power of the pen acting in behalf of the city/Wall Mart was an over-reach.The city prosecutor and the judge can see the big picture and recognize a pronounced fight over a $100 ticket. The main problem that was created here is how much in the end did this mess cost to defend? The fuck-motion as it were, most likely was not a free sample from Wall Mart. But, who knows, maybe it was.

Did APD follow up with the complaint as Blackburn contends he filed? Does anybody know, if not, now what’s that all about?

The lesson here is simple, Sam’s, the cop and maybe the city; You live by the sword you die by the sword.

Stephen Handler
Stephen Handler

Yeah, who cares about facts when we've got faux outrage to express!

Stephen Handler
Stephen Handler

Now if only you could understand that Obama has nothing to do with this topic.....

Auden Ledahl
Auden Ledahl

Because "Fuck it" is certainly the absolute worst thing anyone has heard spoken in Aurora... Pbhththt. ; P

Stephen Handler
Stephen Handler

Freedom of speech does not equate to the right to be belligerent and combative on private property

Tom Godwin
Tom Godwin

I too understand the Constitution, Thanks.

Stephen Handler
Stephen Handler

Obama is President and will be for the next 2 years. Get over it

Tom Godwin
Tom Godwin

Just a civil approach to the truth.

DonkeyHotay
DonkeyHotay topcommenter

There is NO LEGAL REQUIREMENT to submit to Sam's Club secondary security screening once you have paid for your purchases.


None whatsoever.


Just walk out the fucking door, and ignore the receipt-checking loser.


Let them assault and detain you if they have any evidence you actually stole something.



Shayla Martin
Shayla Martin

Oh come on, like he can't plead insanity due to low blood sugar?

David Brown
David Brown

Stephen, who cares? That's not the point of my comment. Civil, criminal or otherwise, you can get a ticket for saying certain words out-loud in a certain location. Sorry if I used the wrong adjective, I can rewrite it if it makes it easier for you to understand the rest of the sentence. Jesus Christ!

Stephen Handler
Stephen Handler

To bad you can't get a ticket for being full of shit

ladym.arrakis.inc
ladym.arrakis.inc

It didn't get dropped, due to lack of witnesses.  That's just the DA covering the stupis cops butts.  It got dropped because it's protected speech.

Stephen Handler
Stephen Handler

I agree with the anti-authoritarians; the other people in line should have just beat his ass

Stephen Handler
Stephen Handler

Security cameras often do not record audio. Ironic how the anti-authoritarians suddenly turn their trust to surveillance cameras when the eye-witness account doesn't support their ideology

Tom Godwin
Tom Godwin

Getting the truth to all. Thanks

Scott Greene
Scott Greene

My first ticket 20 years ago now was in Aurora for telling someone to fu@k off. The ticket was for "abusive and or threatening language"

Stephen Handler
Stephen Handler

Do you understand the difference between a "civil" offense and a "criminal" offense?

Stephen Handler
Stephen Handler

What the fuck does this article have to do with Obama? Take your dumb ass back to infowars

realeyez81
realeyez81

Fuck Aurora, I say fuck all the fucking time.

Tom Godwin
Tom Godwin

Bill, please deal with these issues/facts. Thanks Tom Godwin - Denver, CO Obama IS TAKING AMERICA DOWN AS HE PROMISED as evident with his campaign mind-set, versus leadership in the crisis related to Israel, Mexican guns/border, NSA, IRS, Benghazi, Iraq, Iran, ISIS, Afghanistan, Jobs, Debt, obamacare - it is part of his plan and things are not going bad for the President, he is winning. This is Obama's legacy, which he achieving - - if you go back to '07 and '08, his commitment to his LEFT was to take America down to a "Third World" level by killing the American way of life, changing over to the "NEW WORLD ORDER". The Obama Doctrine failed PLUS, Obamacare is killing Pass it on, If You Care!

Matthew Munn
Matthew Munn

Because if it was, they'd just roll the tape from the security camera aimed at the exit.

Matthew Munn
Matthew Munn

...and ^THAT^ is nothing like what happened.

David Brown
David Brown

It's a civil offense to "swear" on the oceanfront in VA Beach. Not sure which place I like less...

Stephen Handler
Stephen Handler

No, that is absolutely nothing like getting belligerent and combative with store security on private property

Stephen Handler
Stephen Handler

Hence why the charges were dropped. That doesn't change the fact he wasn't ticketed for saying "fuck"

Chris Swain
Chris Swain

Yea thats the part they cant seem to prove ;)

Stephen Handler
Stephen Handler

Then getting combative and belligerent when told to stop; you know that whole part he conveniently can't seem to remember

Ian Arnold
Ian Arnold

Wasn't it just ruled recently that police can not pull you over and ticket you for flipping them the bird? This seems like just about the exact same thing...

muhutdafuga
muhutdafuga topcommenter

You mean like the bad cop that got his feelings hurt?

muhutdafuga
muhutdafuga topcommenter

There you go,just have a mob beat up an old guy having a medical emergency.  That's how they do it in the conservative paradise of Iran.

WhiskeyPhillips
WhiskeyPhillips

Anti-authoritarian... another fucking word I'm going have to get used to now. Thanks. Made my night.  And fuck, everyone knows that eye-witness account means dick- people see, hear, and remember what they want.

WhiskeyPhillips
WhiskeyPhillips

HOLY SHIT GUYS! DON'T LIKE THE PREZ? PASS IT ON!!!11!11! LOL fucking dumbass.

muhutdafuga
muhutdafuga topcommenter

What a list of phoney, made up so called "scandals" you pathological liars have feelings about.  In the psychiatric community, we call them delusions. Your romnesia is making you appear really, really stupid.  Obama became president during the Second Great Republican Depression, which he ended despite treason committed by your unAmerican,  cult.  President Obama saved the auto industry.  He killed reagan employee, bush Laden.

All your yappy little cult does is whine like a bunch of little bitch boys and lie.

Why does the Reich wing lie so much?

Because if they told the truth, no one would ever vote for them.

Your post is off topic.  While we're off topic, consider what a few of your fellow conservatives stand for:

Republican activist Lawrence E. King, Jr. and Republican lobbyist Craig J. Spence both of Washington, D.C. organized child sex parties at the White House during the 1980s.

Republican Congressman Donald “Buz” Lukens of Columbus, Ohio was found guilty of having sex with a female minor and sentenced to one month in jail.

Republican fundraiser Richard A. Delgaudio of Burke, Virginia was found guilty of child porn charges and paying two teenage girls to pose for sexual photos.

Republican activist Mark A. Grethen of Colorado Springs. Colorado was convicted on six counts of sex crimes involving children.

Republican activist Randal David Ankeney of El Paso County, Arizona pled guilty to attempted sexual assault on a child.

Republican Congressman Dan Crane of Illinois had sex with a female minor working as a congressional page.

Republican activist and Christian Coalition and South Carolina Republican leader Beverly Russell admitted to an incestuous relationship with his step daughter.

Republican Judge Ronald C. Kline of Orange County, California was placed under house arrest for child molestation and possession of child pornography.

muhutdafuga
muhutdafuga topcommenter

Like when the security is detaining you for no reason and you are in the middle of a diabetic emergency.

muhutdafuga
muhutdafuga topcommenter

Yeah, you nanny state conservatives do what you're told, no matter how ridiculous. 

Now Trending

Denver Concert Tickets
301 Moved Permanently

Moved Permanently

The document has moved here.


Apache/2.2.12 (Linux/SUSE) Server at www5.den.vvmedia.com Port 80

From the Vault

 

Loading...