CHARLOTTE – Pro-life activist Flip Benham remains a free man after a judged ruled to not revoke his bond on Friday.
In 2010, Benham was charged and later convicted of stalking a Charlotte-area doctor. He's currently awaiting the results of his appeals hearing and is out on post-conviction release. On Friday, he arrived at the Mecklenburg County Courthouse ready to be locked up.
"That's fine with me. The venue of the ministry just changes and I'm in jail, but it's the same ministry and I'm just thankful for that,” said Benham.
The prosecution claimed he violated the conditions of that post-conviction release.
"I never violated the court order. I have obeyed the court orders all the way through. They are saying there were people in Dr. Flood's neighborhood, that Cornelius neighborhood, that went out and passed out brochures. I never went there. I had nothing to do with that, however, they were there," said Benham.
Dr. Curtis Flood admits he saw an “Adopt an Abortionist” poster, with his picture on it. He also testified he heard Benham tell a group of people following the appeals hearing, "Let's try to bring Dr. Flood back to God and stop killing babies."
The judge, however, ruled for Benham after it was determined he never received a written order.
"He didn't have that in the order. In fact, he didn't have the order at all telling him what he could and couldn't do. But the restriction of distributing posters, that wasn't in the order anyway, so had he had the order, he still wouldn't have known not to do it because it didn't say that,” said defense attorney David Redding.
Benham left the courthouse a free man. He says instead of from jail, he'll continue spreading God's words in the streets of Charlotte, for now.
"Sometimes when you keep the law of God, you're going to end up in jail. It's just the way it is, and for us not to go out to abortion mills and not to do certain things would be a crime on my part, knowing what I know, to not continue to do it, no matter the cost,” said Benham.
Assistant District Attorney Kristen Northrup responded to this outcome by saying, “While we understand the judge's decision, we are disappointed with the outcome."