Judge dismisses charges against Athens street preacher

Knoxville News Sentinel ^ | 10/30/7 | Ron Clayton

[SmithL]

ATHENS, Tenn. — A charge against street preacher David Decker of obstruction of a highway and resisting arrest have been dismissed by McMinn County Criminal Court Judge Carroll Ross.

What was said by the Circuit Court Clerk’s office to be only a status hearing was actually a hearing to dismiss the case and did not take place until nearly 5 p.m. Monday.

Defense attorney Chuck Pope presented two motions to the judge, one to suppress the indictment due to an unconstitutional stop, and the other connected with the hearing.

“Judge Ross chose to dismiss the indictment” because of his right to have a preliminary hearing in General Sessions Court, Pope said. Charges of assault and resisting arrest were dismissed in General Sessions Court, but the grand jury charge of obstruction was never taken through General Sessions.

“I really feel the case should have been dismissed on a motion to suppress,” Pope said. Now the state can take the obstruction section back to general sessions for a preliminary hearing.

Decker’s daughter Carol Decker said they hope the case is over and they can get rest from the charges.

He was charged last February by the Athens’ City Police after preaching on a street corner at the intersection of U.S. 11 and State Route 30 in Athens. Officer Matt Norfleet stopped at the intersection and told him to move back. Decker said he was in the grassy area of the intersection and had a right to evangelize.

After officers tried to move him back, the 66-year-old man was handcuffed and sprayed with pepper spray.

Witnesses said Decker was not in the roadway but in the grassy section along the highway.

[padre35]

Handcuffed and pepper sprayed in TN for street preaching?

Now that is simply wrong, let the man speak, if the officer doesn’t like what he has to say then he can move on down the roadway, this is America, not some fourth world country.