Pubdate: Wed, 22 Nov 2000 Source: Blade, The (OH) Copyright: 2000 The Blade Contact: 541 North Superior St., Toledo OH 43660 Website: http://www.toledoblade.com/ MAN WITH MARIJUANA WON'T FACE CHARGES BEAVERDAM, O. - Authorities say they will not file criminal charges against a Beaverdam man whose home was mistakenly entered by an Allen County sheriff 's deputy. The deputy found marijuana and rolling papers inside the home of Kevin Fleming, 46, when he walked into the house Sept. 22. The deputy was responding to an emergency call at another address when he entered Mr. Fleming's home by mistake. Mr. Fleming, who was asleep at the time, was awoken by the deputy at gunpoint. The deputy said he saw an empty holster near Mr. Fleming and didn't know where the gun was. Lima City Law Director Tony Geiger said Allen County Sheriff Dan Beck recommended that no charges be filed against Mr. Fleming, and he agreed. Mr. Geiger said that because of the "alleged improper entry" he did not know whether the case could be successfully prosecuted. "I don't necessarily believe the deputy did anything unlawful or illegal, but our office has to look at the viability of the case, from our point of view of our ability to effectively prosecute it," he said. Mr. Fleming said he smokes marijuana to ease the pain associated with bone cancer. Mr. Geiger said that claim did not figure into his decision. "The use of marijuana is illegal, period," he said. Its use for medical purposes "might go toward mitigation for sentencing, although in my mind, that has no bearing on guilt." - --- MAP posted-by: Keith Brilhart