MAN WITH MARIJUANA WON'T FACE CHARGES

BEAVERDAM, O. - Authorities say they will not file criminal charges against
a Beaverdam man whose home was mistakenly entered by an Allen County
sheriff 's deputy.

The deputy found marijuana and rolling papers inside the home of Kevin
Fleming, 46, when he walked into the house Sept. 22.

The deputy was responding to an emergency call at another address when he
entered Mr. Fleming's home by mistake. Mr. Fleming, who was asleep at the
time, was awoken by the deputy at gunpoint.

The deputy said he saw an empty holster near Mr. Fleming and didn't know
where the gun was.

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

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

Mr. Geiger said that claim did not figure into his decision. "The use of
marijuana is illegal, period," he said. Its use for medical purposes "might
go toward mitigation for sentencing, although in my mind, that has no
bearing on guilt."