Judge dismisses charge against TikTok comedian
Apr. 26—A criminal case against a Santa Fe man who wore a state police uniform in a series of recent TikTok comedy videos has been dropped.
Santa Fe County Magistrate Court Judge Morgan Wood dismissed the case, in which Aldin Saladin Hamdy, 29, was charged with "unauthorized wearing of a uniform or badge," in an order filed Monday.
"The evidence presented here strongly suggests that [Hamdy] was charged based solely on the content of his speech and not for the content neutral activity (display of a uniform) proscribed by the law," Wood wrote in the order.
New Mexico State Police filed the petty misdemeanor charge against Hamdy after he appeared in a handful of comedy videos on the social media platform TikTok in early February wearing a state police uniform, poking fun at state police officers and rapping about "boostin' Hyundais" and "sellin' bloos." Police said he obtained the uniform from a friend who worked at a dry-cleaner in Santa Fe.
Hamdy's attorney moved to dismiss the case in March, arguing the criminal charge represented a violation of Hamdy's constitutional right to free speech. Wood agreed, noting in her order Monday that in a statement of probable cause filed by police, two officers who interviewed Hamdy "repeatedly state that their concern is that the statements made do not align with the ideals, morals, and ethics of the State Police, call the statements 'nefarious,' and suggest that [Hamdy] could 'post something better.'
"This suggests selective prosecution based on content, outside of the statute," Wood wrote.
In a statement of probable cause, state police Officer Amanda Richards wrote, "I explained to Aldin that the videos were upsetting as NMSP [officers] are prideful about our uniform, and none of the things said or portrayed in his videos align with NMSP's policies or values."
The case was dismissed without prejudice, meaning prosecutors can refile the case in the future, possibly with new arguments or evidence.
Prosecutors do not plan to refile the criminal charge, Deputy District Attorney Jennifer Padgett Macias wrote in an email, but the office has not yet made a decision on whether to appeal the "first amendment legal issue" in Hamdy's case. Macias wrote prosecutors plan to confer with state police before deciding whether to appeal.
Nobody "currently at the [district attorney's] office" can recall an instance of a past conviction for unauthorized wearing of a uniform or badge, Macias wrote.
Hamdy's attorney, Israel Chávez, said they were pleased with the ruling, adding he believed it would be "silly" for prosecutors to appeal. He characterized the case as police "prosecuting a comedian for a joke because [Department of Public Safety] got its feelings hurt."
Three videos featuring Hamdy in the state police uniform — which are now pinned to the top of Hamdy's comedy TikTok page called @get.the.stick — had received more than one million views collectively as of Tuesday. In one of the videos, Hamdy portrays a fictional officer named "Jueves Sena" who gives his top reasons to be a state police officer in New Mexico, including "free bloos [slang for fentanyl] from the evidence room."
In early March, after an arraignment hearing, Chávez appeared with Hamdy — who wore a blond wig — outside the magistrate court for a news conference, announcing they planned to file a free speech lawsuit against the state police.
Chávez said Wednesday Hamdy still plans to sue and that alleged damages from the criminal case had "continued to rack up."
