NO CHARGES AGAINST MAN WHO HAD DRUGS WHEN DEPUTY ENTERED HOME BY MISTAKE

LIMA, Ohio (AP) -- Drug charges will not be brought against a
Beaverdam man who was found to have marijuana in his possession when
a sheriff's deputy entered his home by mistake.

An Allen County deputy was responding to an emergency call at another
address on Sept. 22 when he mistakenly entered the home of Kevin
Fleming, 46.

While there, he found marijuana and rolling papers.

Fleming, who was asleep at the time, was awakened by the deputy at
gunpoint. The deputy said he saw an empty holster near Fleming and
didn't know where the gun was.

Lima City Law Director Tony Geiger said he agreed with Allen County
Sheriff Dan Beck that no charges be filed against Fleming.

Geiger said that because of the ``alleged improper entry'' he did not
know whether the case could be successfully prosecuted.

``I don't necessarily believe the deputy did anything unlawful or
illegal, but our office has to look at the viability of the case,
from our point of view of our ability to effectively prosecute it,''
he said.

Fleming said he smokes marijuana to ease the pain associated with bone cancer.

Geiger said that didn't figure into his decision.

``The use of marijuana is illegal, period,'' he said.

He said its use for medical purposes ``might go toward mitigation for
sentencing, although in my mind, that has no bearing on guilt.''