STREET PREACHER FOUND NOT GUILTY;
ARRESTING OFFICER FLEES COURTROOM 11/12/03
MEDIA, PA --
Michael Marcavage of
the Philadelphia-based Repent America was found "Not
Guilty" on November 12 of Disorderly Conduct by Judge
William R. Toal, Jr. in the Court of Common Pleas
Delaware County. The Judge dismissed the case because
the officer decided not to testify by disappearing from
the courtroom before the case was heard.
On June 8, 2003, Marcavage was preaching outside of the
Upper Darby High School during an after-prom party while
standing on the public sidewalk. While preaching, he was
approached by two officers and told to stop immediately.
Shortly thereafter, Sgt. L. M. Garble pulled up in a
squad car and ordered Marcavage to cross the street.
Marcavage explained that he was on a public sidewalk
sharing with the students from the Bible, and that they
would not be able to hear him if he moved across the
four-lane highway. He then offered to move to another
part of the sidewalk, but Sgt. Garble refused and
threatened arrest. When Marcavage asked Sgt. Garble what
he would be charged with if he was arrested, the officer
replied after a long pause, "we'll find
something". Marcavage was then subsequently
arrested and charged with Disorderly Conduct.
Before the initial hearing before District Justice Ann
Berardocco, the arresting officer, Sgt. Garble,
questioned Marcavage's attorney Len Brown on whether
or not a federal lawsuit would be filed. When it came
time for the case to be heard in the Court of Common
Pleas, Sgt. Garble disappeared from the courtroom as the
District Attorney told Attorney Brown that he "does
not have a vested interest in seeing him [Michael
Marcavage] prosecuted".
"While I am thankful for the outcome dismissing the
charges against Michael, it is disturbing to see the
trend towards arresting individuals on public property
who are engaging in protected speech and then dragging
these people through two court appearances before
agreeing that their actions were constitutionally
protected," stated Attorney Brown who represented
Marcavage. "We hope that the Upper Darby Police
Department will uphold and protect Mr. Marcavage's right
to speak in the future."
"I believe that this arrest brought conviction to the
officer," said Marcavage. "I will not forget the
kind words Sgt. Garble expressed after releasing me from
the jail cell, calling what I do admirable. It is my
prayer that he would come to know the Savior."
"But
thou hast saved us from our enemies, and hast put them
to shame that hated us." Psalm 44:7
2
Chronicles 7:14 KJV