“Cursing Cop” Cleared|ABC 13

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“Cursing Cop” Cleared

03/26/09 5:17 pm | reporter: Jeremy Mills producer: Amy Foster

search tags: court • charges • police

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Campbell Co., VA - A Campbell County man's case against a police officer took a twist Thursday. The man some have nicknamed the 'Cursin' Cop' has been cleared. The threat conviction against Brookneal Police Officer Anthony Earhart was overturned on appeal Wednesday in Campbell County.

The verdict stunned the man who brought the charges. Tracy Evans was so angry that he needed a few minutes to cool down before talking with us. Evans alleged that Earhart told him to come through Brookneal and see what happens. Of course, he says he used phrases we can't repeat on television.

Evans tells us it happened when he threatened a mechanic's lien, after Earhart's contractor failed to pay for work done on his new home. Earhart was originally convicted last month and fined $25.

Tracy Evans, Filed Complaint - "You know the evidence was there. The first judge believed that he said it and he knows he said it and he's got to live with that, I don't. I told the truth. I didn't perjure myself on the stand, he did."

Earhart says he did curse, but denies making any threats. Earhart wouldn't speak on camera. He left that to his attorney.

James Stringfield, Defense Attorney - "We're very pleased. We think justice was done in this case and Mr. Earhart can move on with his life."

Earhart has been suspended without pay and must be reinstated by the Town Council before returning to the Brookneal Police Department. The judge says he dismissed the charges because the two prosecution witnesses had conflicting accounts in their testimony.

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