Shawn Miller stopped by the blog last evening to let us know that the charges against him have been dropped. The prosecutor decided not to pursue the case. He left the text of an email from the ACLU counsel. It reads:
Dear Shawn,
Good news:
The D.A. issue a "nolle prosequi" in your case, which means she "will no further prosecute" it (you may hear it called a "NO LE PROS"). More informally, it is generally taken to mean that a district attorney either did not feel pursuing the case was in the interest of justice or that there wasn't enough there substantively to pursue it. Technically, they retain the right to re-charge you at some point, but that is highly unlikely in your situation.
I can fax you a copy of the document if you need - and will mail you one today.At some point, I will take a look at the NM law to see when exactly, we can also request that your arrest record be expunged so that you are not dealing with even that in terms of background checks. But for now, you are currently free of all charges, pending trials, bail, etc.
I have various meetings this evening, but please give me a call tomorrow at work or let me know when a good time to call you is.
Best regards,
George Bach
Staff Attorney - ACLU of New Mexico
Good news indeed. Now if only they could find a way to compensate him for the 109 days he spent in jail for speaking his mind. Congratulations, Shawn.