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Musician arrested, accused of stomping on U.S. flag

Gooding

 
By SUSAN HYLTON World Staff Writer
Published: 7/21/2009  2:25 AM
Last Modified: 7/21/2009  7:07 AM

CATOOSA — A Tulsa musician was arrested at the Cherokee Casino last week after allegedly trampling an American flag in his act.

The Cherokee Nation Marshal Service arrested Marion Gooding III, 30, lead guitarist of the band Smunty Voje, around 10:30 p.m. Thursday, records show.

The complaint originally was lodged as treating the U.S. flag with indignity, a felony under state law, but later was amended to outraging public decency, a misdemeanor.

Gooding was booked into the Rogers County Jail early Friday and was released more than 12 hours later on $500 bond. He has not been charged.

A probable cause affidavit was filed in Rogers County District Court by Cherokee Nation Deputy Marshal Jon Ketcher, who is cross-deputized with the Rogers County Sheriff's Office.

Ketcher, a veteran of the Gulf and Iraq wars who served with the Marine Corps and Army National Guard, said in his affidavit that he saw the incident while on duty and standing in front of the entrance to a new night club, Friction, at the casino.

Ketcher said in his affidavit that Gooding had the flag draped around his neck and shoulders. Later in the performance, Gooding "allowed the U.S. flag to touch the floor multiple times then he wadded up the flag in his fist and shook it in the air before he threw it to the floor then trampled, stomped and danced on top of it," he wrote.

A security officer later picked up the flag from the floor, where it was "wadded up next to an amp with guitars stacked
on top," Ketcher said.

A spokeswoman for the Rogers County District Attorney's Office said prosecutors are waiting to view video of the incident. The video reportedly depicts Gooding throwing the flag to the stage floor and trampling on it.

Assistant District Attorney Patrick Abitbol said that while state law prohibits flag offenses, federal law protects it as a display of free speech.

"It was apparent that if a charge was filed it would not be a felony," he said.

"It's one of those situations where Oklahoma has the offense on the books, but federal (law) and the Supreme Court have upheld that type of action as protected free speech."

The U.S. Supreme Court ruled in 1989 that a Texas man's burning of a U.S. flag during a demonstration at the 1984 Republican National Convention in Dallas was constitutionally protected.

"It's our job to follow the law," Abitbol said.

"I don't agree with it, but that's the law. It is not a crime to do things to the U.S. flag that most people don't like."

Oklahoma Attorney General's Office spokesman Charlie Price said the state law on flag offenses has not been declared unconstitutional and is not currently being challenged.

Gooding referred questions to his attorney, Tim Studebaker, who could not be immediately reached.

Cherokee Nation spokesman Mike Miller said Smunty Voje is not currently booked to play again at the casino, which will soon become the Hard Rock Hotel and Casino.

The band's Myspace page, including several songs, can be accessed at tulsaworld.com/smuntyvoje .


Susan Hylton 581-8381
susan.hylton@tulsaworld.com
By SUSAN HYLTON World Staff Writer

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Some reader comments for this story were copied from "Cherokee marshal arrests Tulsa musician for allegedly trampling flag," which was published on 7/20/2009.

Report Comment
Mich098, Tulsa (7/20/2009 5:28:19 PM)
I am offended by misuse of such a great symbol as the flag, but our Supreme Court has said that the flag is a symbol of free speech and the desecration of the flag in political protest is an act of free speech.
Report Comment
What the ?, Tulsa (7/20/2009 5:30:48 PM)
Throw the book at him. I'm tired of people like him. I don't believe free speech has anything to do with trampling the U.S. flag.
Report Comment
TOF, Tulsa (7/20/2009 5:31:14 PM)
what a dipweed, somebody needs to clean his clock, teach him alittle respect for the flag.
Report Comment
Travis, Tahlequah (7/20/2009 5:31:15 PM)
The musician is an idiot. I hope he never gets another gig.

Protected as free speech or not if he holds so much contempt for this country I have a suggestion, MOVE!
Report Comment
seymore1965, Tulsa (7/20/2009 5:32:59 PM)
Will the casino have them back at a future date?
Report Comment
Scott Smith, Tulsa (7/20/2009 5:34:01 PM)
If Obama, Pelosi, Reid and company can do it to the Constitution and Bill of Rights every day, why can't he do it to the flag?
Report Comment
A Concerned Citizen, (7/20/2009 5:34:25 PM)
Ironic. If the flag doesn't stand for people having the freedom to desecrate it, it's not worth holding sacred.
Report Comment
notyourfriend, (7/20/2009 5:37:46 PM)
too bad he wasn't singing don't taze me bro. Why put their myspace crap out there nobody likes them and nobody should ever hire them.
Report Comment
out east, Inola (7/20/2009 5:39:52 PM)
The first time I see this U.S. flag hanging in that casino will be the last time I go there to eat. What a shame. How much government money is spent in there each day?
Report Comment
2ndjoyce, BA (7/20/2009 5:40:40 PM)
A flag is a symbol of our country, not a human being. While this is disrespectful, it does not equal the abuse and murder of human beings taking place right under our eyes.
Report Comment
What the ?, Tulsa (7/20/2009 5:41:02 PM)
WMCOL: As always, ignorant statement. The Marshall did exactly what he should have done. You go right ahead and waste your money on him. What a hoot!
Report Comment
A Concerned Citizen, (7/20/2009 5:42:45 PM)
Seems like this is a good opportunity to challenge the constitutionality of OK law. I wonder if the marshall was thinking the same thing?
Report Comment
steve-oh, (7/20/2009 5:47:23 PM)
That is one band I make sure not to go see. You know I can see how this might be "neat" for some people in some places. but it definately does not qualify as a crowd pleaser in Oklahoma. Note to Oklahoma bands: Avoid wearinghammer and sickle shirts in public and avoid trashing the American flag. Go get em Jon Ketcher.
Report Comment
SteveBrown777, tulsa (7/20/2009 5:47:45 PM)
Scott Smith, Dubya and Cheney did far worse things to the constitution than Obama's administration will ever do. Lemme guess who you voted for in '00 and '04....

Also, even though I would never do things to the flag, I definitely wouldn't complain about someone who did, especially if they've already served their country. People who do things to the flag never impact anything anyways, so whatever....

Funny that this guy thought that the Cherokee Casino in Catoosa Oklahoma was a special enough venue to add such rockstar flare to their show. Ridiculous.
Report Comment
imflyinlow, (7/20/2009 5:49:02 PM)
WMCOL: The same can be said about you and your comments. Many of our terrible highways lead OUT of Oklahoma. Please find one soon.
Report Comment
2ndjoyce, BA (7/20/2009 5:53:24 PM)
Years ago my youngest son's teacher called me one day to tell me he was in trouble for not putting his hand over his heart and saying the Pledge of Allegiance. I proceeded to tell her we were discussing respect at home and the flag was one of the topics of discussion. I assured her he would come around but he was not to be punished for expression of freedom.

Two days later she called to say he was participating again. I told her I knew he would but I was more proud of him for making the choice himself rather than blindly placing his hand over his heart. He had taken the time to research, think, discuss and make a decision about what he believed in, not just fall into line about what I or anyone else in this country said he had to.
Report Comment
sirwinston, (7/20/2009 5:55:29 PM)
I will proudly trample the American Flag any day. I will do this to protect everyones right to freedom of speech. I'm so tired of hearing about people serving in the army. Yes, you served in the army, but you got paid for doing so, free college etc. If you were forced to, I could understand it, but you volunteered to. If you want to protect free speech, you have to protect it all the way across the board, not just what does not offend you.
Report Comment
misfit missy, no thanks (7/20/2009 5:56:19 PM)
Im with Imflynlow if ya dont appreciate this flag and this land then find a road to take out of here and take numb nuts with ya.
Report Comment
tfromtulsa, Tulsa (7/20/2009 6:03:04 PM)
What a sorry turd.
Report Comment
odat1967, Claremore (7/20/2009 6:04:30 PM)
"A Concerned Citizen - Ironic. If the flag doesn't stand for people having the freedom to desecrate it, it's not worth holding sacred."
"WMCOL - Geez, leave this man alone. The flag is a symbol. It is not the thing it represents. What an idiot marshall. This man did not trample America. If anything he raised up America. He should sue. I'll donate."

Kudos to the above - At least some know to speak the truth! The flag is just a symbol - it amazes me how some fight so much to protect "symbols" but yet will not defend what the symbols truly mean and stand for. And from what I know of "Indian" lands- they are Federal jurisdiction, not state - therefore go by Federal laws, not state.... granted he may have been disrespectful, but I agree - the irony as "A Concerned Citizen" stated... "What the" - WMCOL did not make an ignorant statement, but I would say you did - since it was a Marshal ergo Federal law in play - and this act is protected under Federal law. There are so many "double standards" in good ol' boy Bible-belt Oklahoma. Let's talk about how many constitutional rights are violated in OK every day (e.g., Rogers Co.).... or the fact that if the masses do not like (do not know about) something then their fear forces them to judge and deem it wrong just because they don't like/know/understand it, regardless of the rights of all people to express themselves - that was the reason America was founded was it not? To have freedom? You may not like the actions of others but that alone does not give you the right to "crucify" them. All this man will have to do is contact ACLU and I guarantee there will be a huge lawsuit.... right or wrong, like it or not....
Report Comment
Bubba, Bixby (7/20/2009 6:05:28 PM)
"2ndjoyce, BA (7/20/2009 5:40:40 PM)
A flag is a symbol of our country, not a human being. While this is disrespectful, it does not equal the abuse and murder of human beings taking place right under our eyes."

Yeah, abortion is a mofo.
Report Comment
ajohnb, Jenks (7/20/2009 6:07:58 PM)
It's not about the trampling. It is about the respect for those that you may be entertaining also. They pay to see you perform not to make your political statements.

It is refreshing to see the performers at Branson and their "patriotism" when they perform their finale's which is usually a patriotic song.

As for me, I will never again darken the door of the Cherokee Casino for not immediately firing this performer.

I will spend my money in places that show respect to the paying customers regardless of your individual feelings.
Report Comment
2ndjoyce, BA (7/20/2009 6:09:23 PM)
Nice, Bubba. Your mother would be so proud.
Report Comment
Dadzilla, Tulsa (7/20/2009 6:11:11 PM)
The lead guitarist with the band Smunty Voje has the right to self expression guaranteed under the 1st Amendment.

I will express myself by not attending a venue that books Smunty Voje. It's called voting with your wallet.
Report Comment
Just a country boy, North Okmulgee County (7/20/2009 6:12:04 PM)
OK so he has the right to step on it and I have the right to make sure that anyone who does it never gets a dime from me.
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