Case unlikely against man who flipped off trooper

May 27, 2011 - 8:13 PM

GOLDEN, Colo. (AP) — The Colorado State Patrol has asked that prosecutors drop a criminal harassment charge against a 35-year-old man accused of displaying his middle finger to a state trooper.

Denver's KMGH-TV reported Friday that the Jefferson County district attorney's office has filed a motion to dismiss the case against Shane Boor.

The State Patrol says Boor's gesture is protected free speech.

The American Civil Liberties Union made that argument when it offered free representation to Boor.

Boor has said he made the gesture when he saw a trooper stop a car in April. He was later stopped and received a summons for a harassment charge.

The charge carries a penalty of up to six months in jail.