Adam Rupeka had two cameras set up to record the encounter. In the footage he can be seen refusing to give Officer Nathan Baker his identification, after the officer refuses to tell him why he was stopped.
“I’ll give you my information once you can articulate what crime I have committed,” Rupeka states as Baker orders him out of the vehicle and says he is under arrest for disorderly conduct.
Despite Rupeka’s calm demeanor as he asserts his rights, the officer pulls out his mace and sprays him in the face before twisting his arm out of the vehicle window.
Rupeka then informs the officer that the Supreme Court ruled it is not against any law to give a member of law enforcement the middle finger, as it is protected free speech under the First Amendment.
Rupeka was ultimately charged with disorderly conduct, having an obstructed view in his vehicle (ostensibly caused by his camera), resisting arrest and obstruction of governmental administration.
Baker was placed on administrative paid leave immediately following the incident.
Following a request from the Saratoga County District Attorney’s Office, all charges against Rupeka relating to the May 16 incident were dismissed on Thursday. Baker was suspended without pay shortly after.
Police Chief Greg Veitch stated that he intends to seek to terminate Baker from the department at his disciplinary hearing within the next 30 days. The chief also said he is happy with the DA’s decision to dismiss the case against Rupeka.
The attorney representing Rupeka, James Knox, has stated that they plan to pursue a civil case against the officer, and possibly the department as well.
“From the start, there was only one outcome that was going to satisfy us, and that was total dismissal. I applaud the district attorney for making the right decision today to dismiss this case,” Knox said in a statement to the media.
“The officer in question had no probable cause to stop or arrest my client, and the district attorney noted today that the dismissal serves the interest of justice.”
