The CDA prosecutor is declining to charge the 18-year-old suspect in a racist incident involving the Utah women’s basketball team

COEUR D’ALENE, Idaho (AP) — Coeur d’Alene prosecutors will not charge the man who allegedly shouted racial slurs at the Utah women’s basketball team in March because of “insufficient evidence.”

According to a report by Chief Deputy Attorney General Ryan Hunter, there is insufficient evidence to establish probable cause “for each element of any of the potential offenses without recourse to First Amendment protected speech.” Essentially, the report says there is insufficient evidence to prove every aspect of the suspect’s alleged crimes and that prosecutors cannot use First Amendment-protected speech to criminally charge someone.

In late March, the Utah women’s basketball team and the University of California Irvine women’s basketball team stayed at the Coeur d’Alene Resort for NCAA Tournament games in Spokane, Washington. On Thursday, March 21, the two women’s basketball teams were on their way to dinner in downtown Coeur d’Alene when a truck carrying a Confederate flag pulled up and began shouting racial slurs, including the N-word roar.

After dinner, the teams were on their way back when the same driver came back with reinforcements and continued to harass the players. The driver reportedly revved his engine while shouting racial slurs at the players, which Stewart said posed a threat to the players.

Following the incident, the Coeur d’Alene Police Department (CDAPD) quickly identified one of the suspects as 18-year-old Anthony Myers, a student at Post Falls High School. Myers reportedly admitted to shouting racial slurs and other profane remarks at the team during his interview with police, but later attempted to change his statement to say he had only uttered racial slurs. Police said there was little evidence of his changed statement, but there was substantial evidence of what he said in his first confession.

Despite the “substantial evidence,” Myers is not accused of anything.

“In short, I cannot find probable cause to suggest that Anthony Myers’ conduct – he shouted at a group of people from a moving vehicle – constituted either a disturbance of the peace under state law or disorderly conduct under the CDA Municipal Code.” , Hunter wrote in the report. “Instead, it was clear from the outset of this incident that it was not the time, place or manner in which Mr. Myers made the grotesque racist statement that provoked the justifiable outrage in this case; it was the grotesque racist statement itself.”

“Our office shares the outrage sparked by Anthony Myers’ vile racist and misogynistic statement, and we join in unequivocally condemning that statement and the use of a racial slur in this case or in any circumstances,” it said Report further. “However, under current law, this cannot be the basis for criminal prosecution in this case.”

CDAPD said it would not comment further on the decision because the “analysis speaks for itself.”

The Kootenai County branch of the National Association for the Advancement of Colored People (NAACP) has not yet responded to a request for comment.

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