WILLIAMSBURG, Va. — Mitchell Stauffer's actions were caught on video on the Fourth of July, and it swept the Internet.
"You did this one thing. That's all they know about you and they fill in the blanks," he told 13News Now in an exclusive interview.
A customer filmed Stauffer burning an American flag at Walmart in York County, then, shouting something at people nearby.
That led York-Poquoson Sheriff's Office investigators to arrest Stauffer and charge him with a felony for burning an object with intent to intimidate.
Stauffer believes the statute doesn't apply to this situation.
"This is a bogus charge. It will not hold up in court," he said.
"It's really irrelevant that a flag was used. He could've used a beach towel and the result would've been the same," said Sheriff Danny Diggs.
He said burning the flag is not illegal but the intimidation is illegal.
"As he was leaving, he yelled some obscenities which induced some fear for people standing there," said Sheriff Diggs.
Stauffer said he owns up to what he did. But, the reason he did it wasn't because he hates America or the flag.
He said it's how he's seen people react during politically divisive times.
"I want my voice to be heard and my voice has been silenced by other people, other Americans," said Stauffer.
And, he said he burned the flag to bring attention to that conversation. For him, it's something he feels personally.
13News Now asked Stauffer what he wanted people to know about him since he felt mischaracterized by many who saw the video.
"I identify as transfeminine," Stauffer said.
Then, we asked if he thought that contributed to what happened.
"I think it has everything to do with what happened. It has everything to do with the way people treat each other in America," he said.