Special Prosecutor declines to charge Henry Davis Jr. over Faceb - Fox 28: South Bend, Elkhart IN News, Weather, Sports

Special Prosecutor declines to charge Henry Davis Jr. over Facebook post

Henry Davis Jr. Henry Davis Jr.
The special prosecutor appointed to investigate an obscene post to Facebook by South Bend Councilman Henry Davis Jr. has decided not to file charges. Complaints were filed earlier this year after a controversial picture and link were posted to Davis' official council page.

"I'm elated. I'm happy," says Councilman Henry Davis Jr., reacting to the prosecutor's decision.  "What I was doing was not malicious. I wasn't intending to be malicious. I was just trying to inform the public about some things that were going on."

Special Prosecutor Daniel Hampton said that his investigation did conclude Davis "knowingly exhibited obscene material on his public Facebook page" which which would be seen as a violation.  However, the prosecutor went on to say Davis "lacked the requisite criminal intent and moreover, the understanding," that making the post would constitute a violation.

"I'm not surprised at all." says Becky Kaiser, who filed the complaint against Davis. "We are all well aware that technology and law have not caught up with eachother."

 Kaiser lives in Davis's district and filed the criminal complaint because she says she was offended by the Facebook post.

She says she felt the need to speak up. "If we don't all start saying 'no.' or making a ruckus about the things that are wrong, then we're never going to get better," says Kaiser.

Meanwhile, Davis says his post was simply misunderstood. He says he did learn something from the situation. "Obviously when you speak to people and you say things, you have to be cognizant that not everybody's going to receive it the way you're giving it," he says.

The South Bend council attorney had conducted her own investigation, and found there was not enough evidence to conclude Davis violated his oath. The Council Rules Committee is reviewing her investigation. We hope to learn more about how the Council will proceed when the Rules Committee meets on May 28th.
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