Trevan Young’s case was bound over to the grand jury after General Sessions Court Judge Christine Sell heard arguments over the nature of the June 1 protest and the events that took place. Young was arrested and charged with resisting arrest, possessing a firearm with intent to go armed, and disorderly conduct.
CPD’s Nicholas Hayes said, “We were given direct information from our intelligence unit that there was a male in the protest area with an AR15 in his backpack and magazines on his persons.
We had received information he had made statements prior that were heard that he was intending to do harm to protesters at the protest.”
He said he told the man who was wearing headphones and holding a sign to halt. The officer said Young told him, “No” and that was when multiple officers were required to tackle Young in order to make the arrest.
Officer Hayes told prosecutor Bryan Starnes the defendant was charged with disorderly conduct because his actions and arrest caused the crowd to be unruly. He said Young pulled his arms away when law enforcement tried to handcuff him.
Prosecutor Starnes is the son of General Sessions Court Judge Gary Starnes. Judge Starnes recused himself from an ongoing case involving other protesters from George Floyd demonstrations.
Defense attorney McCracken Poston argued Young was legally carrying a disassembled rifle at the protest, and he characterized the protest as a “lawful activity.” He cited a statute in Tennessee law that says carrying with the intent to go armed does not apply if the gun is in relation to an “incident to lawful hunting, trapping, fishing, camping sports shooting, or any other lawful activity.”
“I can tell you there was no protest done during that time period done with a permit to protest in the city of Chattanooga,” Officer Hayes said. “The city offices were closed and it was impossible to get. We obliged and allowed them to protest.”
“So you allowed them to have a permit?” asked attorney Poston.
“No, we didn’t allow them to have a permit,” replied officer Hayes.
“So you obliged them to protest without a permit?” attorney Poston replied. “So in other words, they were involved in lawful activity because you obliged him to be in lawful activity.”
Judge Sell told both parties it would be up to a jury to decide whether the protest constituted a “lawful activity.” Before binding the case over to the grand jury, she said she does not keep up with local media or news, and was unaware of what the protests were about.
Attorney Poston said, “It was obvious what was being protested this summer in the United States, and that informs how this man reacts to a half a dozen police officers swarming him. Knowing what he is protesting and knowing what he has seen and heard in other parts of the country, that informs him. Plus, he was with the protesters, so why would he be shooting up the protesters?”
After the case was bound over, attorney Poston said, “Trevan is a distinguished army analyst and he may be potentially employed to continue to protect our nation with homeland security. This is holding that up.
“The fact they said they ‘obliged’ the protesters the ability to protest……that is almost humorous. There were protests every night for a couple of months. But we move on with the process.”
Attorney Poston also referenced Kevin Leko, who was charged with possession of a handgun while under the influence for his actions during a June 3 protest. Leko was allegedly intoxicated when he stood on top of a roof with a loaded weapon. Leko later gave up his right to a preliminary hearing and had his case bound over to the grand jury.
Attorney Poston said, "He had a fully assembled and loaded gun, and yet he did not get charged with having that weapon at all, he got charged with having a handgun. So there is something wrong here, and we have yet to figure it out.”
During the preliminary hearing, officer Hayes said Young yelled out “They’re going to kill me” when police were arresting him.