Mon, Jul 06, 2009

Anti-illegal immigration activist given probation

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 01.23.2007
Anti-illegal immigration activist Roy Warden, 59, was sentenced to three years of unsupervised probation Monday for an incident outside the Mexican Consulate last June.
City Court Judge Eugene Hays told Warden he cannot possess a firearm or go within 500 feet of any public demonstration during his probation.
Warden was convicted of one count of assault and two counts of threats and intimidation after he pushed one person and made threats to two others outside the consulate in June.
Before being sentenced Monday, Warden told Hays that no matter what Hays did to him he would continue to exercise his right to free speech, burn Mexican flags and protect himself from others. He said he intends to appeal his case all the way to the U.S. Supreme Court, if necessary.
"Give me your best shot, because you're certainly going to get mine," Warden said.
Warden's attorney, Gary Kreep of the United States Justice Foundation, urged the judge not to fine Warden.
Warden is indigent, and should he be arrested for not paying a fine, he could become a target in jail because of his views, Kreep said.
Hays suspended all but $300 of Warden's $2,500 fine, saying he can afford it if he sells his firearm.
The judge expressed surprise that prosecutor Alan Merritt didn't want Warden to get jail time, noting that Warden was videotaped threatening to blow a child's brains out.
"It's inconceivable to me that you imagine that to be appropriate conduct," Hays said.
Hays agreed that Warden's safety might be an issue should he land in jail and urged him to abide by his conditions of probation.
Warden was acquitted late last year of other charges stemming from another altercation over immigration issues.
Warden was arrested after he burned a Mexican flag at Armory Park in April while surrounded by hundreds of people who marched to protest immigration legislation they said was unfair.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.