Police say he was 'grossly intoxicated.' Artist says he was performing for audience

The Columbia man who was arrested and charged in January after defacing his own car was found not guilty April 4. In the aftermath of that legal ruling there were varied reactions on both sides of the incident.

Michael David Anastasion was arrested by a Columbia Police Department officer Jan. 13. The 42-year-old artist was charged with public disorderly conduct after he vandalized his own vehicle.

He wrote politically-related obscenities all over his car as it was parked on Harden Street in Five Points early in the morning, as college students and other patrons began leaving bars in the popular entertainment district.

At the time of the arrest, the police reported that Anastasion appeared to be “grossly intoxicated.”

On Sunday, Anastasion told The State that was a police narrative, and he was actually "making an artistic statement and playing a role."

He said he was trying to reach an audience of college students with carefully chosen language that was purposefully reductive and stereotypical. He said he "performed for a college audience," to get them engaged in a political conversation.

That was partially achieved, as a large crowd gathered at the spectacle that grew as the police became involved.

The crowd gathered as Anastasion defaced his Mercedes-Benz with profanities criticizing “your privilege,” “your education,” Republicans, President Donald Trump and “the U.S.A.”

“Black Lives Matter” also was written on the passenger-side front door.

Anastasion said the point of his act was to point out how unsophisticated our political culture has become. That's why he chose the vulgar terms and polarizing issues.

He said he was mocking the situation, including the role he portrayed in it. That's why he used dry erase marker to write profane political statements on his Mercedes-Benz. He said he was being ironic.

But the police reported that Anastasion was unsteady on his feet and was shouting and cursing. When he was in handcuffs, police said Anastasion refused to comply with police commands and fell to the ground, injuring his knees.

Even after Anastasion was found not guilty, the Columbia Police Department stood by the arrest and charge.

"Based upon my review of this matter, I believe we had sufficient probable cause to bring a criminal charge against the subject in this case," Chief of Police Skip Holbrook said in a message to The State Sunday afternoon.

As the sides disagreed about the incident, they continued to move further apart when evaluating the cause of the court ruling.

Anastasion's attorney, Neal Lourie, made a motion after the Columbia Police Department failed to turn over evidence pertaining to the charge, free-times.com reported. The not guilty finding soon followed.

Holbrook said the case was not properly handled in court. He said that was the result of Lourie's expertise and his officer's inexperience in the courtroom.

"Whenever a highly respected and experienced lawyer makes a technical legal motion against a young unrepresented police officer, the people of Columbia are at a distinct disadvantage," Holbrook said.

Another prominent Columbia attorney said Anastasion should never have had to appear in court. Jay Bender, one of South Carolina’s best-known advocates of a free press and government accountability, said writing on your own car is protected free speech.

"The problem isn’t sending police to prosecute cases, the problem is failing to train police on free speech issues," Bender said to The State Sunday evening. "There shouldn’t have been an arrest in the first instance."

For his part, Anastasion disputed Holbrook's claim. He also offered his own rationale as to why the evidence was not turned over.

"By quickly and forcibly arresting me before factually analyzing the situation, my rights were brutally violated," Anastasion said. "I think it is disingenuous for (Chief) Holbrook to suggest that we only received a not guilty verdict because I had an experienced lawyer. We received a not guilty verdict because the police refused to disclose their evidence. They didn’t even bring it to court.

"I wish they had released the evidence and tried to prosecute me."

This story was originally published April 9, 2018 at 2:59 AM with the headline "Police say he was 'grossly intoxicated.' Artist says he was performing for audience."