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In addition with most crimes, it might be the cover up that is the most serious crime, and that is lying about aspects of the event,” Smeins said. Pesall - the crime might be the potential theft of the flag from someone else’s residence in town, as well as destruction of somebody else’s property.
![burning the gay flag burning the gay flag](https://i2-prod.dailyrecord.co.uk/incoming/article21131966.ece/ALTERNATES/s615/1_flag.jpg)
“The potential crime here is the actions of Mr.
![burning the gay flag burning the gay flag](https://calcoastnews.com/images/2011/07/Rainbow_flag_and_blue_skies-e1496419045740.jpg)
Smeins is considering other misdemeanor charges. KELOLAND Investigates looked up the law, and found that the state’s law against malicious intimidation or harassment does not apply to sexual orientation, even though the South Dakota Attorney General’s website lists it as a hate crime. Especially it follows the equal protection clause–race, color, creed and nation of origin–but it doesn’t include gender,” Day County State’s Attorney Danny Smeins said. “South Dakota does not include gender protection under the hate crime statute. The Day County State’s attorney says while an investigation is underway into Pesall’s actions, under South Dakota law, it’s probably not a hate crime. Kriech wants to see him charged with a hate crime. The man burning the Pride flag is also from Webster. “I was just disturbed, disgusted–especially coming from someone I know, that they would actually do something that hateful and disgusting,” Kriech said. “Your f- flag that deserves to burn, burn, burn, burn you queer sons of b-,” Darrin Pesall says in a Facebook Live video. Never did he imagine it would end like this: But I thought, ‘You know what? Let’s just do it,'” Kriech said. “I thought, ‘Oh, I’ve never done this before.’ You know, it’s a small town. The site of the rainbow gay Pride flag flying in Sioux Falls typically doesn’t draw a lot of attention.īut when Troy Kriech decided to put one up in the small town of Webster, South Dakota, for June Pride Month, he knew he was taking a risk. Now the man who says it was his flag, wants to see charges in the case. (KELO) - A rural South Dakota man burned an LGBTQ flag while spouting obscenities about gay people on Facebook Live.