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Warning-sign charges dropped OSP apologizes for bad arrest By DANI DODGE Two weeks ago, Mark Wyatt was thrown in jail for holding up a sign warning motorists of a speed trap on Highway 62. On Monday, not only were the charges dropped, but Wyatt had an Oregon State Police patrol captain on his doorstep apologizing for the arrest. "I'm really relieved," said Wyatt, 39, of Eagle Point. "And I'm glad they realize they made a mistake." On April 13, OSP troopers were conducting a "saturation patrol" along Highway 62. Such patrols place extra troopers on the road to enforce speed limits and other vehicle infractions. Wyatt lives and operates Wyatt's Mobile Service on Highway 62. For a few minutes during the saturation, he stood on his property and held up a sign reading "speed trap ahead." Troopers arrested Wyatt, in front of his wife, on a charge of obstructing governmental administration. He spent an hour and a half in jail before posting bail. Wyatt was originally scheduled to appear in court on April 19, but the appearance was postponed as the district attorney reviewed the case. On Monday morning, Capt. Tim McLain, OSP district commander, went to the district attorney's office asking for the charges to be dropped, said OSP spokesman Lt. Gregg Hastings. "Upon further review of the incident, I believe the elements in this case do not support the enforcement action," McLain said in a press release. After he left the office, McLain went to Wyatt's home to explain what he had done, Hastings said. Wyatt said while McLain was there, he also apologized for the arrest. The district attorney's office declined to press formal charges, a spokeswoman said late Monday. "We are not filing a case," said Deputy District Attorney Beth Heckert. "We felt there was insufficient evidence to proceed at this point." Wyatt's attorney, Lee Werdell, said the case had no merit. "I've never seen a more obvious false arrest in 35 years of practicing," he said. "Mr. Wyatt's only crime was he severely annoyed policemen. "That is not a crime." Werdell said that holding up the sign did not violate the state's obstruction law, which requires either intimidation, force, physical obstruction or economic obstruction. He said Wyatt did none of those things. "Even if the statute covered this conduct, it would still run afoul of the First Amendment and ... the Oregon Constitution," Werdell said. Werdell said Wyatt is considering a false arrest lawsuit, although "the state's claims people" have already contacted him "acknowledging there is a claim and are trying to resolve it." Hastings said troopers made three similar arrests regarding signs in 2000. In two of those cases, the accused pleaded guilty and in the third case the charge was dropped when the defendant pleaded to a more serious gun charge. "Even though there are some similarities, they aren't totally similar," Hastings said. "(Dropping Wyatt's charges) was based on the elements of this case. It is not anticipated that the previous circumstances will be revisited." McLain said OSP is reviewing the history and intent of the obstruction of governmental administration statute. "We want to ensure that our officers enforce the law uniformly and fairly as the Legislature intended," he said. Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.