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Charges dismissed against Myles Carter, arrested in Bailey Ave. protest

Charges dismissed against Myles Carter, arrested in Bailey Ave. protest

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Myles Carter, the man arrested after being tackled from behind by police while being interviewed by a local news crew during protests on Bailey Avenue on June 1, saw the charges against him dropped Friday morning. 

At Carter's arraignment, the prosecutor told City Court Judge Peter J. Savage III the charges were being dropped and Savage dismissed the case. The court appearance took a matter of seconds.

The 30-year-old business owner and activist had been charged with second-degree obstruction of governmental administration, a misdemeanor, and disorderly conduct, a violation.

"Fortunately for me, the charges were dismissed," Carter said afterward. "Unfortunately, there’s tons of people that are caught up in the system daily, where they take the entire force of the system and they throw it at Black and brown people on a daily basis."

"Justice was served here. It’s plain and simple," said FritzGerald Tondreau, Carter’s attorney.

Erie County District Attorney John Flynn released a written statement saying the charges were dismissed because they "were unsupported by the information provided by law enforcement."

"Specifically, the conduct alleged in the complaints was not supported by defendant's actual described conduct," Flynn said in a statement. "The New York State Police do have the ability to re-file charges properly. If charges are filed by the New York State Police, our office will review the matter again."

Carter was being interviewed by WIVB-TV in the middle of Bailey Avenue when police advanced and tackled him.

Buffalo police previously said Carter refused to comply with commands to clear the area. Mayor Byron W. Brown previously called Carter "an agitator" who was trying to incite the crowd.

Carter, who led protests and demonstrations around Buffalo after his arrest, has characterized himself as a peaceful protester.

The scene on Bailey Avenue that night became chaotic.

Police have said about a half-dozen stores were looted that evening. Trash cans and vehicles were set on fire. A state trooper was run over and two other police officers were hit by a driver who drove her SUV through a line of state troopers and Buffalo police in riot gear.

More than a dozen demonstrators gathered outside the courthouse before the arraignment Friday morning in support of Carter. 

"I think justice was served," Darien Chandler, who organized the demonstration, said afterward.

Charges against another person arrested at the protest on Bailey on June 1 also were dismissed Friday, according to a spokeswoman for the District Attorney's Office. Savage dismissed the case against Jamaine Gates, 34, who had been charged with obstruction of governmental administration and disorderly conduct. 

Carter, a Town of Tonawanda resident, said he was thankful for the public support, including those who called the District Attorney’s Office for the last two days pushing for the charges to be dropped.

"All along the way, I think everyone in Buffalo kind of knows what happened that evening and what happened all the other evenings," Carter said, "when the police, the state police and your riot team were provoking and attacking protesters openly in the streets."

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News Staff Reporter

Long Island native, University at Buffalo graduate, part of the breaking news and criminal justice team for two years. Hired by The News in 1999, I covered high school sports for 15 years before being named deputy sports editor.

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  • Updated

Myles Carter was protesting Monday evening on Bailey Avenue when he was tackled from behind by police. He was being interviewed by WIVB at the time, and the incident was caught on camera. “My name is Myles Carter,” he said to the camera. His hands were in the air and commotion was audible around him. Carter was there to

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