BUFFALO, NY - The case against a Buffalo community activist has been dismissed in city court. Darnell Jackson is pleased that the District Attorney moved to end the case that sent him to jail for a few days last December.
"It cost me 4-days of my life. I was very sick in jail. They rushed me to the hospital in an ambulance and I stayed in jail 4-days. $10,000 bail caused me some financial hardship and pain and suffering. I want to know who's going to pay for that, since it was a big mistake," said Jackson after leaving court.
Jackson was charged with aggravated harassment - a misdemeanor. After a case he ended before city court Judge Betty Calvo-Torres, he sent her a private message on Facebook. He wrote, "can't believe how rude you were to me, after I supported you, God don't like ugly, revenge is a mother, have a blessed holiday season, cause I will." The district attorney noted in his motion to dismiss that Buffalo police did not contact his office to discuss the case or see if a crime had been committed. Jackson was arrested the same day the judge filed a complaint.
D.A. Frank Sedita submitted a motion to dismiss the case calling it "factually insufficient." He says the first amendment protects speech that is offensive unless there is a clear and immediate threat.
Buffalo City Court Judge Craig Hannah agreed with the D.A. and dismissed the case.
The D-A says it was an obnoxious facebook comment that should not be a criminal charge, "the best action is just to unfriend the person on Facebook," he said.