Marine won't draw penalty for flag fight

By Ann Kelley Modified: March 18, 2008 at 12:47 pm •  Published: March 18, 2008
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MIDWEST CITY — A U.S. Marine Corps reservist may have broken the law when he crossed a protest line to defend the U.S. flag, but he will not be punished for it, city officials said.

Midwest City Assistant City Attorney Randal Homburg said he thinks there are grounds to prosecute Ray Adam Modisette, 20, for an act of civil disobedience. At the request of the local police department, Homburg said he's declining to file charges.

Modisette, of Shawnee, was arrested Friday afternoon on a complaint of interfering with official police process. He told The Oklahoman he was reacting to a war protester who was stuffing an American flag down her pants.

"We believe the act was emotional and not really deliberate,” Midwest City Police Chief Brandon Clabes said. "It caused us to take action, but we hated to have to do it.”

Modisette was leaving Tinker Air Force Base in his car Friday when he saw the protester with the flag. He said he turned around and headed for the crowd to get the flag. He was handcuffed after ignoring several requests by officers to move away from the small group of demonstrators from Westboro Baptist Church of Topeka, Kan.

Modisette posted $850 bail — money he said he earned during a deployment to Iraq — and was released on Friday.

Reservist finds supporters
With prosecutors declining a case against Modisette, he will be refunded the $850, which he was willing to pay. "I think it would have been money well-spent,” Modisette said Monday. "I guess a lot of people on Ol' Glory's side felt the same way.”

Several Oklahomans said they were willing to help him pay potential fines.

Mitch Logston of Oklahoma City said he and about nine other friends collected $500 for Modisette. He said many of them have children in the military, some serving in Iraq.


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"The way I was raised was the reason I couldn't drive by and watch that go on. There's liberty, and then there's ridiculous.” Ray Adam Modisette

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