Judge Sell To Rule On Motion To Dismiss Gun Charge Against Protester At Miller Park

Thursday, September 24, 2020 - by Joseph Dycus

The attorney for a man found with a broken-down rifle and three AR-15 magazines at a Chattanooga protest at Miller Park is asking that charges against him be dismissed.

Trevan Young is charged with possessing a firearm with intent to go armed, disorderly conduct, and resisting arrest. Judge Christie Sell will rule on this motion on Nov. 10.

McCracken Poston said carrying a weapon can be lawful if related to “lawful hunting, trapping, fishing, camping, sport shooting, or any other lawful activity.”

In Attorney Poston’s motion, he wrote:

“The Defendant, who was peacefully protesting, was arguably participating in the most protected activity, his rights to free speech, assembly, and to protest his government. As such, the charges regarding the carrying of a disassembled weapon should be dismissed.”

The motion also asks for the other charges to be dropped. He said, “Evidence shows a large number of police officers seized him after he was initially confused and frightened about the intervention of another office.” The motion also mentioned that tensions were already high at the protest against treatment of African-American suspects by police departments across the country.

On June 1, Young was at a Miller Park rally with a protest sign. Police said an officer tried to speak with him, but Young walked away.

At that point, police said they were unable to handcuff Young at first, and multiple officers then jumped on Young during the arrest.

Attorney Poston said, "Trevan Young is an honorably discharged veteran of the U.S. Army, where he served our country as a Signal Intelligence Analyst in the 18th Airborne Corps, 525th Battlefield Surveillance Brigade, and has no criminal record aside from some speeding tickets. Mr. Young went through a legal background check, and purchased the weapon from a licensed firearm dealer.”

Attorney Poston also said the gun was never assembled at any time during the rally.


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