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.
Darnell Jackson is pleased that the District Attorney moved to end the case that sent him to jail for a few days last December.