Trial begins for street preacher accused of inciting riot at July 16 memorial

James Hutchins
James Hutchins

It's been a morning of objections in Hamilton County Criminal Court as a Monroe County, Tenn., street preacher defends himself without a lawyer against charges that he tried to incite a riot last summer at a Lee Highway Memorial dedicated to the victims of the July 16 shooting.

James Hutchins, 61, stood up in a black suit after reviewing his notes and told jurors he was merely exercising his first-amendment rights when he preached to people on July 19, 2015, outside a makeshift memorial.

He systematically argued that his charges of assault, inciting to riot, and disorderly conduct, have no factual basis.

"There was no assault by anybody out there," Hutchins said, adding there were numerous officers on scene when he allegedly called people "queers," uttered racial slurs at a black police officer, and tried to start a riot.

"I think it's reasonable to assume that if I had assaulted an officer, I would have been apprehended," Hutchins said. "I was taken to jail for my speech."

He added that officers misused the law when charging him with inciting to riot. As for disorderly conduct, "I'll let you make your own decision."

"Personally," he said, "I'm deeply offended that someone would refer to preaching the Bible - in America - as disorderly conduct."

Hutchins, who is representing himself, and Bates Bryan, the prosecutor for the state, picked a jury within an hour.

Then Hutchins began his opening statements: "Ladies and gentleman, the bible says"

Bryan, who declined opening statements, immediately objected. There have been at least 10 objections so far.

Bryan then called his first witness, Lewis Davis, of the Chattanooga Police Department, who detailed the disrespectful "fighting words" that led officers to arrest Hutchins on scene.

During his cross examination, Hutchins focused on the specific details of his alleged assault, the specific language that constitutes an assault, and the specific portion of his behavior that Davis considered incendiary.

Hutchins also seemed to point out that he did not successfully incite a riot.

"You were inciting a riot," Davis replied.

"By calling names?" Hutchins said. "Is that what you're saying? Are you saying I was not preaching the bible?"

"Which question are you asking me?" Davis asked.

"Well, let's put it this way," Hutchins said. "Are you familiar enough with the bible to know whether it calls names"

He cut himself off.

"Does the bible condemn homosexuality?" he asked.

"I don't believe so," Davis said.

"Are you an expert in the bible?" he asked.

"No I'm not," Davis said.

The state is continuing to put on evidence.

After Bryan finishes presenting his case, Hutchins will have the chance to put on his own proof before jurors hear closing arguments and start deliberations.

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