POWELL COUNTY, Ky. – A Kentucky man appeared in court Wednesday after being accused of using a Halloween display to threaten government officials.
Stephan Marcum faces charges of terroristic threatening and intimidating a witness. Authorities say his decorations crossed the line from a seasonal display to an alleged threat.
Trooper Austin Miller of the Kentucky State Police described the display: five trash bags resembling bodies, including one hanging from a noose representing a district judge.
At the preliminary hearing, a trooper testified about responding to a report of fake body bags in Marcum’s yard, each labeled with the names of public officials.
The special prosecutor noted that Marcum put up the display four days after being found guilty by a district judge for zoning ordinance violations related to lacking running water or electricity. Three public officials and the judge involved in the zoning dispute were represented in the display.
Marcum’s attorney, Hayley Hoffman, argued the decorations were protected free speech and political expression, noting that Marcum also included the word “Trump” on some items, which was unrelated to the zoning issue.
“I haven’t heard anything that moves this from a ‘display of discontent’ or political statement… into a threat,” Hoffman said.
Special prosecutor Amanda Morgan countered, saying the display could reasonably be seen as a direct threat. Special Judge Willie Roberts agreed, stating, “I would take it as a threat and I think anybody out there would take it as a threat,” and found probable cause to move the case forward.
Marcum is charged with intimidating a participant in the legal process and third-degree terroristic threatening. The case will proceed to a grand jury.
Judge Roberts also lowered Marcum’s bond to $2,500 cash, with the condition that he have no contact with the public officials if released.
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