Flag-burning charge dropped after man pleads guilty to misdemeanor
By The Associated Press
06.14.02
FAIRFAX, Va. — A flag-burning case that got the attention of the American Civil Liberties Union ended when a 19-year-old man pleaded guilty to a lesser charge.
Oleg S. Asserin, who originally was charged with mutilating the flag and setting a fire that consumed nearly two acres of woods near Great Falls in October, pleaded guilty June 12 to a misdemeanor charge of setting a fire capable of spreading. A felony charge of mutilating the flag was dropped.
Fairfax County General District Judge Thomas D. Gallahue sentenced the teen to 11 months in jail, with nine months suspended, resulting in no further jail time for Asserin, who was incarcerated for two months without bail.
Asserin, of Falls Church, was arrested Oct. 30, 2001, two days after the fire, when he sought treatment at a hospital for burns to his face and arms. Firefighters had found the remains of a burned American flag among the fire debris.
Despite the 1989 U.S. Supreme Court ruling Texas v. Johnson that found flag-burning is a form of self-expression protected by the First Amendment, Virginia is one of 48 states that kept flag- desecration laws on its books.
Kent Willis, executive director of the Virginia chapter of the ACLU, said his organization was prepared to intervene on Asserin's behalf if the flag charge was not dropped.