Stacy Swallows Deserves A Medal, Not A Trip To Jail - And Response (19)

Monday, September 06, 2010

Response to: Teacher Charged With Holding Assault Rifle On "Ghost Hunting" Children
Swallows Facing 8 Counts Of Aggravated Assault, False Imprisonment

Please tell me we do not have liberal limp-wristed pantywaists running our Sheriff's Department. This report appears to have been written from a police report of an arrest. As such, it is simply dry facts of one side.

I am waiting to see both sides. Let’s face some facts: You do not gather facts from a story, after dark, in a cemetery. You commit mischief and vandalism after dark in cemeteries.

It takes no effort at all to reread stories of the scores of thousands of dollars of theft and vandalism committed upon families in cemeteries over the last several years.

He yelled at them? He brandished a weapon? And how exactly to you contain a crowd who would otherwise flee a crime scene of 'their' making?

Swallows deserves a medal. The judge who gets this needs to tell the families of these spoiled little brats that the parents will split the teacher's court and attorney fees. We all know what would happen if retired Judge Williams had this case down in Chattanooga. I pray Swallows gets a judge who is street smart and understands the pain of families whose graves have been desecrated.

I am sick of children, gangs and the several factions of the “I know my rights” class running roughshod over civility and dignity.

Children, grow up. Mr. Swallows, next time just block the gate and wait on the sheriff at the street. Then demand the sheriff pay the vandalism bill for being slow.

When I was a teen, yeah back when Kennedy was President, 50 people in town would have stood in line to buy this teacher's lunch. And the kids would have been cleaning the cemetery and washing Mr. Swallows’s car for a year. Odd how we had less crime around here back then.

Jim Bowman
Evensville, Tn.

* * *

Mr. Swallows is a fine teacher, who goes above and beyond to prepare and equip students for post-secondary success in education or careers in diesel mechanics, hires a select number of them to intern for him in his business, and a man not given to histrionics. He has raised expectations and standards at Sequoyah, and the school is lucky to have him.

I strongly suspect that the whole story has not been told.

Delores Gross Vinson
Chattanooga

* * *

Mr. Bowman, I couldn't agree with you more. The "brats" and "gangs" are ruining our society. Unfortunately, as I learned while serving on jury duty, the laws are made to protect the criminals, not the victims.

We need to remember who makes and enacts our laws next election period. I only wish these "brats" could go before Judge Russell Bean, after reading his article last week in Opinion.

Here again, did the parents know where their children were? Of course not...this is where it all starts, no parental guidance or control, no rules or punishment. I wonder what time this took place and is there a county curfew that is enforced?

I read where Nashville is really starting to "crack down" on gangs and youth violence. Maybe our part of the state should take notice.

Marsha Thompson

* * *

It is an unfortunate incident that happened involving a dedicated Sequoyah teacher. We must get all of the facts in before any judgment is passed on all parties involved.

There was nothing written about vandalism by the young people invloved and I do not see that we can label every group of young people "bratty gangs".

It was also before 11 p.m. on a weekend night so no curfew laws were being broken. You cannot make judgment on the parents of these teens since no crime or act of violence was committed by them.

Mr. Swallows is a good person, but even good people make mistakes. People cannot take the law into their own hands. That is why we have a legal system.

I am sure when all of the facts are correctly presented a different picture will be painted of the events that occurred that evening. As a parent, I would be very upset if any person held a loaded weapon toward one of my children.

As a co-worker of Mr. Swallows, I pray that the truth and facts justify your actions and that your family knows our prayers are with all involved.

Kathleen Collins

* * *

Will the teenagers be charged wiyh trespassing on private property of the Shipley Cemetery?

Lisa White
Hixson

* * *

Where to begin?

Guess I'll start at the top; Mr. Bowman, while I am not a believer in "ghosts", it is my understanding that they are predominately active at night, hence the reason to seek interaction with them at this time. As for your claim of the young folks "commit(ting) mischief and vandalism after dark in cemeteries." the deputies found no signs of vandalism or any other illegal acts having been committed, only a grown man attempting to hide the fact that he had been brandishing a weapon at a group of teenagers on public property.

Mrs. Vinson, I agree, we probably have not heard all of the facts, perhaps we will in the future.

As for Mr. Swallows, I do not know the man. His being a teacher in this day and time gets him a little extra respect from me, Lord knows I couldn't do it.

Mrs. Thompson, May I remind you that the "brats" were not arrested, therefore they would have no need to go before Judge Bean or any other judge.

As for the time, I believe I remember reading that the call was made at 10:45 p.m. One could surmise that the teenagers were attempting to make it home by the 11 p.m. curfew when they were detained by Mr. Swallow, or it could only be a coincidence.

Where does all of this leave us? The teenagers are not charged, so their "punishment" is really a moot point. Mr. Swallow, an obviously respected member of the community, is facing some pretty tough charges himself though. I have to admit that while holding anyone at gunpoint and suspending/restricting their freedom and rights is no trivial thing, I believe Mr. Swallow made a poor and hasty decision but with good intentions at heart. Unfortunately for him though, good intentions is not a viable defense in a court of law, so we will have to see what happens.

Jim C. Roberts
Soddy Daisy

* * *

First I will say this in response to the Shipley Cemetery event. What people may not know, not only is this cemetery listed on one of Tennessee's haunted places online but it is also listed in several published books. Several people have taken the old ride this time of year to this place. In fact, many people when they were young, that grew up in the area, took the spooky ride to that location. As well as their children. Along with my grown "brats." So traffic of this kind should not be all that surprising to begin with.

The location of the cemetery is in an area of dark country back roads that go on forever. You can't see your hand in front of your face even on a full moon night, and you can hear
the grass grow below your feet, it is so quiet. With that bit information what I am most concerned about is why Mr. Swallows took it upon himself to grab an AR-15 rifle and go running out the door, upon a site that is "well visited" in the night for curious lookers.

I am praying this is not a situation where he let emotions of past four wheelers doing damage to his property, and he took things into his own hands. Have we forgotten the history of the Signal Mountain
murders? And seeing how, unless you know that area, it is real easy to get
turned around and lost, what if it were someone who was just turning around from being lost?

You can't just go around pointing guns on people. What would have happened if these kids had jumped out and started running in the pitch dark? Would he have shot them? No one else that lives in the area came running with guns blazing. Why? Because they knew it was just another curious onlooker like so many times before.

Also, if Mr. Swallows is having
damage done to his property by four wheelers, that sounds like someone
living around his home doing that. Not the ghost seeking "brats." I may be wrong, but I have not heard of any of the so-called "brats" doing damage
to stones and things such as that. But I have heard of problems such as
throwing out cans and litter. So Mr. Bowman, calm down. You make it sound
like all kids are punk, out of control, and need to be shot. How we forget the stupid things we did as kids.

Valarie Ward

* * *

So we complain that the kids these days are out of control and need to follow the law better, and in the same breath applaud a man who illegally holds them hostage with an assault rifle? Wow, what great examples we are. Wonder where they get the idea that they can do what they want and take the law into their own hands.

Lewis Baxter

* * *

It appears, by reading the article at least, Mr. Swallows is an incensed gun nut and out of his mind. You can't do what he did. That's a vigilante action and is very much against the law. Sounds like he's in serious trouble. If you think otherwise, just imagine if he'd of shot someone.

A cemetery is a public place, and no private citizen has business patrolling it and throwing down a rifle if he sees something he doesn't like. Those who, like Mr. Swallows, are incensed by the teens being on the property and say the man deserves a medal need to think it over.

Also, calling the cops after having committed his crime isn't going to get Swallows off the hook.

David Saluk

* * *

To Mr. Stacy Swallows:
I would like to thank you for looking out for the graves of my ancestors buried in the Shipley Cemetery. Far too often I've seen the kind of vandalism these late-night intruders can leave. I'm sorry your good deeds have taken the turn they have with the obvious over-reaction of the Hamilton County deputies on scene. How many of them, hearing voices coming from a dark graveyard, would have gone in without a weapon? Perhaps Sheriff Hammond should conduct a little in-service training on the Second Amendment.

David Cox

* * *

Mr. Swallows deserves to be in the Hamilton County Jail for what he did. His life was not threatened. His property was not threatened. These kids weren’t even on his property.

If he thought something was wrong he had an option to call the police, and he chose not to. I remember as a teenager doing exactly what has been described as what these kids were doing. So far it hasn’t been mentioned that they did anything illegal. This guy, regardless if he is a good teacher or not, took the law into his own hands. He potentially could have hurt or killed a kid.

The police did the right thing in arresting him. I don’t really care for our local ambulance chasing attorney, but I believe this may be a case for him. If I was one of the kids' parents, I would be outraged.

Erik Benson

* * *

To Valerie Ward: There were no “guns blazing.”

To: Lewis Baxter: An AR15 is not an “assault rifle.” It can only
dispense a bullet for each time the trigger is pulled. Assault rifles
are automatics. One only needs to pull the trigger back and hold it
and it will keep on firing until you release the trigger. The AR
designation means American Rifle 15, not “assault rifle.” You most
likely confuse this rifle with the Military Rifle, M16, which is
rendered both semi and automatic by a flip of a lever.

To David Saluk: Referring to Mr. Swallows as an “incensed gun nut” and
claiming that he called police after ”committing the crime,” is an
injustice in that it makes an unbalanced opinion taken to it’s most
negative extreme. Mr. Swallows did not head out to commit a crime, but
rather to stop one. No one seems to recall the reason that he went
armed in the first place. He heard shots fired. And in the area
described as an out of the way area and a cemetery, where would one
find a better place to commit a shooting and leave the body? He
undoubtedly came prepared to stop gun crime and the perpetrators if
need be done.

I think that people need to extend to this man the benefit of the
doubt and put the highest construction of good and not evil on Mr. Swallow’s actions. What if there were a shooting and a victim? He’d be
recognized as a hero right now instead of locked up in a jail cell.
And to those who say that that’s what 911 is for. It’s sad, but true
that, in crimes of violence especially, the cops are usually there
after the damage is done. I say this not to their detriment, but the
facts are that criminals have a habit of waiting until the cops are
not around to commit their crimes.

And also, why on earth was this man charged with eight or nine counts
when it was one incident? And it’s yet to be determined how he held
the rifle. Was it pointed directly at the ghost hunters or above
them? We need to be awful careful not to bear false witness here.

David Cadieux

* * *

I believe it is illegal to be in a graveyard after dark. The info below is from the Tennessee Code. Why were the young people not arrested?

46-1-313. Trespass on or injury to cemetery property — Interference with processions or religious exercises — Penalty. —

(a) No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes in the cemetery, or interfere, by words or actions, with any funeral procession or any religious exercises.

(b) (1) A violation of this section is a Class E felony.

(2) Following conviction of a person for violating subsection (a), evidence of damages sustained as a result of the violation shall be presented to the jury, which shall ascertain the total amount of the damages. The court shall then render judgment in that amount against the offender in favor of the cemetery and/or the other aggrieved parties and shall order the offender to make full restitution for the damages. Execution of the judgment shall issue as in other civil cases. The order of restitution shall be in addition to other sanctions imposed pursuant to subdivision (b)(1).

[Acts 1875, ch. 142, § 9; Shan., § 2182; Code 1932, § 3920; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-118; Acts 1976, ch. 708, § 2; T.C.A., §§ 46-218, 46-2-118; Acts 1989, ch. 591, § 40; 1995, ch. 134, § 1; T.C.A. § 46-2-105; Acts 2006, ch. 1012, § 4.]

John Toliver
Dayton

* * *

What gives this man the right to go around waving guns at these kids? He is where he belongs right now. If this man heard gun shots being fired and was worried about it why not call the police and stay at home with his family, in case they need him. Not grab a gun and go out and take the law in your own hands. After all he is a teacher not a cop. This is not the kind of person I want teaching my grandchildren. What if the class got a little out of hand? Would he pull a gun then?

From what the news reads the kids weren't doing anything wrong. They didn't have guns. Lots of people go out looking to see ghosts, and this cemetery is well know as a place to find ghost. Through the years the residents have talked about this or no one would know it.

What it all comes down to is this man was putting his nose in where it didn't belong. The kids were on public property not his private property. I understand no one wants there loved ones to be disturbed, neither would I. The fact is according to the police the kids were not doing anything wrong. This man deserves to pay for scaring these kids this way. He was wrong.

To all of the people who think he is a hero, how would you feel if this had been one of your kids or grand kids? Would it be ok then? I really don't think so.

Janet Roberts
Hixson

* * *

I feel I should make it known that I have known Stacy for over 30 years. I have worked with him and for him and consider him to be a good friend. He, his family and the others involved are in my prayers.

I do not know the exact details of what occurred Saturday night, and unless you were there, you don't either. I do, however, have several things to say about what has been reported.

The initial "breaking news" story that I saw aired Sunday night was titled "School employee arrested for holding children at gun point." This brought to mind a crazed janitor holding a classroom of 3rd graders hostage. I guess the producer wanted to add a bit of shock value. It certainly got my attention, and from what I'm hearing and reading, the nation's attention as well. If he were a mechanic (which he is) holding some 20 year olds at gun point, no one would care. I hate the way the media over dramatizes everything.

From the stories that are being reported, I understand that Stacy placed a 911 call saying that there were shots fired. I know the area, I know what has happened in a lot of the rural cemeteries in this county. Rapes, murders and drug dealing all come to mind. Now before you all start blasting me, I'm not saying that's what these "children" were doing, but in today's world, anything is possible. If these things happened in your backyard, what would you do?

It also seems like I must have missed something here. The ages listed for the nine so-called children are 16 to 19 years of age, correct? This could mean that one was 16 years old and the other eight 19 years old? The last time I checked, there were a lot of 18 and 19 year old heroes serving our country in the Armed Forces. The point I'm making here is, they are adults. Some may not act like adults, but in the law's eyes, they're adults. As far as the 16 and 17 year olds go, most expect and/or demand that they be treated like an adult, unless its in a situation like this and they cry for their mommy and daddy.

I'm interested to see who these young people are and more importantly, who their parents are. You know, just to see if politics are involved in the case. I'm not making any accusations, merely interested in knowing all the facts.

The fixation on an "assault rifle" befuddles me. If he had a single barrel 12 gauge with #8 shot in it, would everyone be losing their minds? I think not. The fact that it was an AR 15, which is no different than any .223 caliber rifle, has got everyone thinking Stacy is Bin Laden himself. What if he had held them at sling-shot point? Last time I checked the second amendment had yet to be overturned by this administration.

I understand what the law enforcement officers face every time they step into uniform. It's a very dangerous job, and I'm glad there are those who will protect and serve. Some of my best friends are police officers. I know how they operate and can guarantee you that on a "shots fired" call it would be more than one officer to go investigate. If the situation prevented him from being able to stage and wait for back up, he would have held those "children" at gun point til his back up arrived. Am I the only person who has ever seen a felony traffic stop, where "dude" gets called out of the vehicle at gun point because he matches the description of a suspect and/or suspect's vehicle. Once he is cleared, apologies are given by the officers and all is well. They're just doing their job and trying to go home safely. But until the officers know for certain the scene is secured, they will have their weapons out. The officer's safety is first priority, but apparently that doesn't apply to citizens.

One article I read clearly said that Stacy had laid the gun down in the weeds prior to the arrival of the police. This is evidence that he was not brandishing the weapon while the officers were on scene. This seemingly reiterates the overall "thought process" I think he had - turn things over to the sheriff's office. He wasn't out for vigilante justice like some have stated. If that were the case why would he have called 911 and had the officers on the way? Why did he tell the call taker that he had them at gun point and that he was using his truck to block their escape? A vigilante whose intent was to take the law into their own hands would have done more than just hold them there waiting on the sheriff's office.

Was there another vehicle that got away? Did any other neighbors hear shots? How many calls to 911 did Stacy make? What do the 911 tapes reveal? When was Stacy actually arrested? Was there a delay between the time this incident occurred and his arrest? Again, who are the adults involved in this case? What are the other factors involved?

Other questions come to mind, but I'll hold them for another time. Rumors are flying, but I want facts. We have yet to hear Stacy's side of this fiasco. I would like to read the officer's arrest report, too. Is that part of public record?

J.P. Ray
Sale Creek

* * *

Apparently, these teenagers were simply on an ill-advised harmless lark. Having no way to know this Stacy Swallows did what any reasonable self-reliant man would have done in this case. Neither party committed a crime and the teens even had the scary adventure they set out to find in the first place. Once the police arrived and sorted out the facts that should have been the end of this story. Now the only ones working to create havoc and mischief are our elected representatives using their deputies, attorneys and judges as agents to collect additional fines and revenues. It seems every politician campaigns on the theme of finally "Bringing Common Sense To Government," yet once enthroned in Washington or Nashville they feel obliged to heap more layers of revenue producing law on the backs of the honest citizens who trusted and elected them. Centralized and absolute rule of law over the rights of the people to determine for themselves how to best live and interact with one another fails everywhere it is implemented and it is not looking too successful here either.

Jacob Griffin

* * *

I rarely write opinion letters because I feel it is a waste of time that could be spent doing more constructive things, but I cannot allow what the Chattanooga news media is doing to a longtime friend of mine go without comment. I have known Stacy Swallows all of my life. We attended school together and worked together in the fire service as well as the emergency medical field.

I can say that he is an honest, fair, hard-working man that cares for his family and his community and did what he thought was the proper thing to do Saturday night in Shipley Hollow. I have not spoken to him nor his family to get any of the details of his actions that night, but what I can tell you with certainty is that what you have heard and continue to hear from all of our local television channels, radio, and print media is wrong. Sensationalism at its best.

How, no why, do we allow this to continue to happen? The "story" that has been put out on our air waves is now nationwide. My niece, who lives in Kentucky heard this "story" on her local news station from Evansville, Ind., this morning and couldn't believe it.

I am encouraged to read that Judge Moon is hearing the case and that he said in court today, “that it will be facts and law that will ultimately decide the case, and not innuendos.” He went on to say ”that the facts are not all in on this case." I pray that our local media will stop sensationalizing this story and that people in our community who have already formed opinions based on those stories will hear all of the facts before tightening the noose any more.

Tina Aslinger
Sale Creek

* * *

I am agreeing with Ms. Aslinger. I also attended school with Stacy and he was also my son's diesel instructor for three years. He is a wonderful leader and human being. Knowing the history and what has happened in the past at Shipley Hollow, I feel he was doing what he needed to do to protect his family and neighbors.

I sincerely hope that the facts are brought out and this is what the case is based on. He is a wonderful leader and proved that everyday with my son.

Stacey Hodge
Sale Creek

* * *

Point of correction: the AR in AR-15 stands for Armalite Rifle. So named because this was the company that took Eugene Stoner's design and turned it into the beautiful rifle we have today. Also, an AR-15 can be made to fire as an automatic rather than a semi-automatic.

Now as to Mr. Swallow's actions, you just can't impede someone Constitutional right to move about freely without consequences. He is no doubtedly thinking that same thing right now. The irony of those people above stating that there is more crime today are advocating committing a crime here. "Good for you Mr Swallows", they shout and yet, what if the tables were turned?

Irony can be so ironic sometime.

Jon Farr
Hixson

* * *

It is very hard for me to believe that there are so many people in our area outraged over what has occurred. What happened to the right to protect not only yourself but your property?

If this group of people (16 to 19 yrs old) were really "ghost hunting" and legitimate, why did they not check with the police and the people living in that area to let them know they would be there? Did their parents know where they were and what they were doing?

I am from North Georgia and talk about ghosts, if they really want to try and check out ghost sightings, they should go to the Chickamauga Battlefield, that is if the rangers would allow it. For those that are outraged, next time why don't we just tell the kids to search out around your home at night, anytime will be ok with you, right?

It seems that this day and time so many people are screaming about "their rights," so afraid of not being politically correct, not wanting to step on anyone's toes, and everyone is convicted before the trial. Pretty soon I am afraid that we will all find ourselves without any rights. So all you candy liberals out there, wake up before it's too late for you. And Mr. Swallows I applaud you; America needs more people like you.

W. C. Clinton
Spring City

* * *

I am very surprised that there are people who are actually supporting Stacy Swallows' actions. The Second Amendment has nothing to do with this case. Stacy Swallows does not own the cemetery. These kids weren’t on his property, and they weren’t threatening anyone's well-being. As such, he has no right to point his gun at anybody.

I know how everyone thinks he is a great guy, will do anything for anybody, etc. Does that include threatening a bunch of kids? Teenagers aren’t known for their impulse control. What if they tried to run or drive around his vehicle? Would he have shot them?

I don’t see how any of the questions Mr. Ray is asking are relevant. It doesn’t matter if there were shots fired or if there was another car. It doesn’t matter how many times Swallows called 911. Even if Stacy Swallows thought there was a crime being committed, that doesn’t mean he has the right to start pointing his gun at people. What if he did happen upon a crime? He was by himself with a shotgun. The odds are against him. Police have the appropriate training and backup for these types of situations.

The fact is, these kids were just at a famous cemetery at a reasonable hour on a weekend. They were doing what many kids have done before (including myself). Mr. Swallows is fortunate he didn’t pull a gun on my child. If he had, he would have to contend with more than just the legal system.

John Lennox
Chattanooga


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