MESA, Ariz. March 4 2019 — Last summer, a disabled veteran was seen on camera getting roughly kicked out of a Social Security office in Mesa after he asked a security guard to take down a tattered American flag flying out front.

That veteran was charged. Now, the charges have been reversed.

“I can’t breathe!” yelled Richard Moriarty as he was seen on video taken by Shivani Dallas. He was being held down by a security guard.

Witnesses yelled for the security guard not to hurt the 63-year-old disabled veteran as they called police.

When Mesa Police showed up, they filled out a report indicating Moriarty initiated the altercation. Moriarty was subsequently charged with disorderly conduct and trespassing.

Although Moriarty thought that was wrong, he didn’t regret speaking up.

“The flag means so much to so many people, and we as Americans take it for granted,” said Moriarty in an interview with 12 News shortly after the incident.

Months later, the charges against the veteran were dropped, and per Moriarty’s request, Mesa Police detectives took a second look at the case.

“He wasn’t a suspect. He was a victim,” said Mark Spencer of Judicial Watch.

After interviewing witnesses and closely reviewing the video, police realized they got it wrong. The security guard, Alex Caraballo, is now being charged with assault and false reporting to law enforcement.

In an email to 12 News, a Mesa Police spokesperson said:

“Since our initial response to this incident, we have dedicated many hours of follow up to ensure a thorough investigation was carried out. After multiple witnesses were interviewed and surveillance footage was reviewed, the case agent determined that Richard Moriarity (initially thought of as the suspect) did not initiate the physical altercation and did not assault Alex (the security guard working at the Social Security Office at the time of the incident) as Alex had described. The case agent also concluded the force used by Alex, which caused Richard to fall through the doors, along with Alex`s continued use of force against Richard, once he was on the ground, appeared to be both unreasonable and unnecessary.”

Moriarty is relieved by the latest turn of events. He is now hoping the City of Mesa will pay back the more than $3,000 he spent in legal fees to fight his case in court.

“They’ve done the right thing as far as re-investigating. They need to do one more right thing. Make him whole. He has limited income. He does not have a money tree in his backyard,” said Spencer.

12 News has reached out to the Social Security Administration for comment, but so far, we have not heard back.

12News

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