A motion for the Accelerated Rehabilitative Disposition Program has been filed in a criminal case against a former McKean County sheriff’s deputy.

Collin S. Meeker, 24, of Smethport, was accused earlier this year of taking a Nazi flag off a flag pole on private property in Ulysses, Potter County, while he was on duty as a deputy.

Meeker, who was initially suspended without pay from his position as a sheriff’s deputy, has since resigned, said McKean County Sheriff Dan Woods.

He is charged with theft by unlawful taking and receiving stolen property, both third-degree misdemeanors; and criminal mischief and defiant trespassing, summaries.

Potter County District Attorney Andy Watson filed a motion on Thursday to admit Meeker into the ARD program, the case docket states.

“Mr. Meeker qualified for the ARD program based upon his record. Basically, I would offer ARD to anybody else in this situation,” Watson said.

Watson explained the program provides “an opportunity for first time offenders to avoid incarceration or a lengthy probation.” He said he considers the program for people charged with nonviolent offenses.

Through the ARD program, defendants who complete program requirements such as community service or restitution, can ask the court to dismiss criminal charges in the case. All the program requirements must be met, or the person will face the charges again in court.

President Judge Stephen Minor must grant Meeker acceptance into the ARD program before he can enter.

Watson described what normally happens at an ARD hearing.

The judge starts by finding out if the person is interested in entering the ARD program. If so, the record is closed while Watson reads the facts of the case outlined in the affidavit of probable cause.

Once the record is turned back on, “The court generally admits the person into the ARD program,” he said.

The alleged incident took place Jan. 22 in Potter County when Meeker was in the vicinity of Ulysses serving court papers. The property in question is that of Daniel Burnside, Pennsylvania director of the National Socialist Movement.

The criminal complaint stated that Meeker parked his car, ran across Route 49, jumped up a concrete wall, took the flag and quickly left the scene in the car.

When questioned by police, Meeker admitted to taking the flag and said he took it because he was angry with items displayed in the yard, according to court records.

In this case, Watson said he is “not looking at what the parties’ political beliefs are. It’s a lower grade theft case, and I’m going to treat Mr. Meeker like anybody else.”

“That’s, in my opinion, how justice is fairly administered,” Watson said. “You cannot let personal beliefs or opinions guide you. You have to look at each case in an unbiased way. If the victim stole a flag from the defendant in this case, he would be treated the exact same way. If he had no priors and he qualified for the ARD Program, I’d offer him that as well.”

While the case has brought up strong opinions among people in the community, Watson said he cannot consider those opinions in performing his duties as the county’s prosecutor.

“Obviously, the political atmosphere is kind of charged at this point, given the background of the victim’s personal beliefs,” he said. However, “I have to make sure I obey the oath of office that I took and handle every case fairly and not be blinded by either side’s political opinion on issues.

“I have to look at the nature of the charge, the grading, if the accused has a prior criminal history. I have to make a decision whether the person is eligible for the ARD program or whether it should be a probationary sentence or a jail sentence.”

He explained he must “put on blinders” and not “take into consideration a person’s religious or political beliefs” in making decisions on how to prosecute a case.

“If I handle this case any other way, then I’m not doing my job,” said Watson. “If I give preference to one side or other other just because of political beliefs, then I’m not doing my job to be fair and impartial.”

A hearing before Minor is scheduled for 9 a.m. April 25, according to the case docket.

Meeker is free, having been released on his own recognizance at his arraignment.

Greg Henry is listed as Meeker’s attorney. A message sent to an email address for Meeker’s family was not immediately returned.