Attorney Mike Acuff and John "Cut Throat" Simpson
A man facing murder charges who had already gone through five attorneys said Monday he had a falling out with his sixth on the eve of his scheduled trial.
Criminal Court Judge Don Poole told John "Cut Throat" Simpson that the trial is going on Tuesday regardless.
He said Simpson can either reconcile with attorney Mike Acuff, or he can represent himself with attorney Acuff sitting in as "elbow counsel."
Attorney Acuff said something had come up that he could not openly discuss that made him need to ask to withdraw.
The judge was told the attorney and client "have differences that we just can't agree on."
Judge Poole told Simpson he had already "gone through half the Chattanooga Bar."
He said, "Everything that you've done indicates that you are trying to subvert the system."
The judge added, "It appears you're asking the lawyer to do something illegal or unethical."
Simpson, who is charged in the murder of Bernard Hughes, earlier pleaded guilty to a reduced charge. Then he backtracked on prosecutors and now conceivably could wind up facing life in prison.
In the trial of Harold Francis "Bam" Butler, prosecutors called Simpson as a witness. Two weeks after the murder in June 2010, he gave a lengthy statement in which he said Butler was one of the gunmen in the slaying at the British Woods Apartments.
The jury heard a tape of Simpson telling police that Butler was one of the shooters.
But when questioned by prosecutor Cameron Williams, he said that was not the truth.
With the jury excused, Simpson said he had decided he wanted to withdraw his guilty plea to second-degree murder. He said, "I want a trial like the rest of them."
With the guilty plea, Simpson was to have received 15-25 years. At the time, he had already spent over three years of the time behind bars.
Judge Poole noted that in a trial in which he was charged with first-degree murder he "would be facing life in the penitentiary if he's convicted."
His attorney at the time, Jay Perry, asked Simpson if it was true that Butler had shot Hughes, and he said it was not true. Simpson was then sent back to jail.
Butler still wound up with a life sentence despite Simpson's default.
Simpson later was operating as his own attorney, though John Brooks was appointed as his "elbow counsel." Later, attorney Brooks was excused from the case.
Unjolee Moore, who was the driver, is facing life after his conviction. Simpson was not called as a witness in Moore's trial. Moore had given police a statement, but Butler did not.
Simpson was allegedly the other of two gunmen who shot Hughes and Timothy Westfield on the porch of Hughes' apartment.
Steven James Ballou, 33, was also involved. Ballou pleaded guilty in mid-July to aggravated robbery and was given a 12-year prison sentence.