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A Tucson man arrested for his role in the burning of a Mexican flag on April 10 pleaded not-guilty Monday to charges of assault, criminal damage and reckless burning in a Tucson City Court.

In court by himself Monday, Roy Warden, 58, pleaded not-guilty and was assigned a pre-trail conference for May 26 at 9 a.m., according to city prosecutor Laura Brynwood. Judge Eugene Hays has been assigned to handle the case and senior assistant prosecuting attorney Alan Merritt has been assigned to try the case, Brynwood said.

On Tuesday, April 11, Tucson Police arrested Roy Warden, 58, on on suspicion of assault, criminal damage and reckless burning. He was cited and released.

The day before, Warden and members of Border Guardians burned a Mexican flag at Armory Park surrounded by hundreds of people who had marched to protest unfair immigration legislation.

After the group burned the flag a scuffle broke out and police arrested six people on charges of aggravated assault on a peace officer, interfering with governmental operation, hindering prosecution and disturbing the peace.

Warden questioned why police waited a day to arrest him and said Monday he was arrested because high-ranking Pima County officials fear the content of his speech. He said he will continue burning Mexican flags and would have burned one Monday, but didn’t have the money to buy one.

This is not the first time Warden has faced criminal charges. City and county court records show that there are several cases involving Warden, including a disturbing the peace conviction for a 2000 incident when he was protesting with a bullhorn in a residential neighborhood.