A judge threw out the charges Tuesday against a Duke student accused of stealing a university flag that was found in his room during a party.
Mike Kenney, 21, was charged with noise ordinance and open container violations as well as a misdemeanor charge of possession of stolen goods. He appeared in a Durham County District courtroom Tuesday.
District Court Judge James Hill listened to testimony and dismissed the charges because of a lack of evidence and because of a legal technicality.
Kenney's attorney, Glen Bachman, argued that the police didn't have much evidence that Kenney was at his then-home at 203 Watts St. during the October 2005 party. Bachman also said that no one could say for sure that Kenney had stolen the Duke flag that was in his room.
The judge agreed but warned Kenney for the future.
"He's guilty as sin, and everybody in this courtroom knows it," Hill said.