Stacy Swallows only wanted to protect a private graveyard near his home in Sale Creek when he roadblocked nine teenagers late one night in early September and pointed an assault rifle at their cars, his friends and neighbors say.
Too often there was trouble brewing in the cemetery, supporters said Wednesday at a hearing in the case.
Used needles and condoms had been found strewn among grave markers. Stones were overturned. Cars were parked around the property late at night.
"It had been trashed so many times by a bunch of punks," Tommy Iles, a friend of Swallows who has family buried in Shipley Cemetery, said outside of court. "These kids don't have any respect."
But a judge said Wednesday that a history of mischief at the cemetery didn't give Swallows the right to hold the teens at gunpoint that night.
The group of boys and girls, who drove to Shipley Cemetery to go ghost hunting, weren't doing anything illegal or trespassing because the road they drove around the graveyard is owned by Hamilton County, the judge said.
"They were curious ghostbusters, but they weren't criminals," said Hamilton County Sessions Court Judge Bob Moon. "Should the young people have been there? No. Did they commit a crime? No."
Swallows, 45, who is out on bond and has returned to his job teaching diesel mechanics at Sequoyah High School, is charged with nine counts of aggravated assault and false imprisonment.
Moon ordered his case sent to the Hamilton County grand jury.
If someone is going to attempt a citizen's arrest, Moon said law requires the person to witness a public offense or believe a felony is being committed. Neither were the case with Swallows, he said.
"He is a good man. He's a great teacher. He made a bad judgment. He overreacted," Moon said.
Swallows said that if the grand jury returns an indictment, sending his case to Hamilton County Criminal Court, he and his attorney, Jerry Summers, plan to argue that he was right to attempt a citizen's arrest.
"I'm very disappointed," he said after his hearing Wednesday. "(This case) may end up making a precedent."
The teens who testified in the hearing said they decided to drive to Shipley Cemetery because they heard a legend that a bright light from a ghost spirit would appear if they drove around the cemetery three times.
"It's scary out there," said Cole Stevens, one of the teens stopped by Swallows. "All my friends know about the story."
When Swallows stopped the group, Stevens said he questioned them and acted furious. Another truck came on the scene to offer Swallows backup, and police said they found two pistols in the cab of that truck.
"I didn't know if (the gun) was going to pop off," said Stevens. "He looked mad, like I had done something to him. ... I said I'm sorry. I mean, I had a gun pointed at me."
Swallows called police to come to the scene and one of the officers testified that Swallows was told to put the gun down before they arrived, and he did.