Alleged bridge protesters appear for trial, city judge yet to rule

Nov. 9—Five people accused of blocking traffic last year on the U.S. 31 bridge in protest of the Decatur police killing of Steve Perkins appeared for a bench trial in municipal court on Thursday, after an extensive investigation by police, and the judge said she will enter a written ruling as soon as she can.

"I get that they are taking it seriously," said defense attorney Carl Cole. "I wish other cases were sometimes, in other courtrooms, taken with as much seriousness."

Cole represented Anthony Viator, a Decatur business owner. Viator and four others accused of blocking the southbound lanes of the bridge during rush hour on Oct. 19, 2023, for roughly 30 minutes declined to take plea deals offered by the city. The others — Rodney Mitchell, Sarah and Destiny French, and Sharonda Acklin — were without legal representation and spoke on their own behalf.

At least three others, including Morgan County NAACP President Rodney Gordon, pleaded guilty to disorderly conduct for their roles in the blockage. They were given a 20-day suspended jail sentence, a year of unsupervised probation and a $150 fine, plus court costs. The maximum punishment for disorderly conduct, a Class C misdemeanor, is three months in jail.

Municipal Judge Takisha Gholston explained to the five trial defendants that they would be tried together "in the interest of judicial economy." The trial began late morning in the second-floor courtroom, after the court attended to other matters, with a malfunctioning HVAC on an unusually warm November day. Defendants and attorneys alike dripped with sweat and fanned themselves with folders or folded papers for relief.

Before testimony began, city prosecutor Nicole Davis asked the court to exclude any information regarding "the Steve Perkins incident" due to a gag order in the murder case against former Decatur police officer Mac Marquette, who is accused of shooting and killing Perkins on Sept. 29, 2023.

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Evidence

Davis called Decatur Police Department analyst Morgan Cantrell as the city's first witness, who explained that she provides investigative assistance to detectives, in part, by combing through social media. On Oct. 19, after Decatur police learned of an "incident on the bridge" at around 5:45 p.m., Cantrell searched Facebook and found multiple livestreams of the blockage.

Cantrell said she recognized "a lot" of the people from recent protests and City Council meetings, although the only name she knew at the time was Gordon's. She said the blockage appeared to be a Perkins-related protest.

Cantrell told Cole that she was instructed prior to Oct. 19 by police Chief Todd Pinion to review videos of protests.

Davis called the supervisor of the Violent Crimes Unit, Sgt. Michael Kitchens, to testify next. Kitchens said responding officers didn't make it to the bridge before traffic began moving. He was tasked with reviewing videos of the incident downloaded by Cantrell.

Kitchens said, after spending a week and a half on the videos, he identified everyone who had been an "author" of a livestream or recording by cross-referencing the suspects with driver's licenses. He said he identified Sarah French's daughter, Destiny, by reviewing family photos on Sarah's Facebook page. Kitchens identified Viator by reviewing an Oct. 9 City Council meeting wherein Viator addressed the council.

Davis then played several of the videos, including one allegedly recorded by Mitchell, in their entirety. Videos showed two cars at the front of the traffic jam with their hoods propped open. Vehicles honked incessantly amid chants of "No justice, no peace, no racist police." Pedestrians, white and Black and Hispanic, walked between vehicles on the bridge, some holding signs that weren't readable from the court's gallery.

"He's actually recording all these tag numbers for us," said Kitchens of Mitchell, who apparently recorded as he walked toward Hard Dock restaurant and back. Police also collected intel by reviewing a Flock camera system, which reads license plates. All five defendants were shown in the videos at least once.

During the city's presentation, Gholston admonished the defendants for facial expressions she said were "distracting."

At times, Kitchens was asked to refer to an elaborate chart that was taped on the wall of the courtroom. The chart apparently showed the positions of all the vehicles that were stopped on the bridge by make and model.

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Cross-exam

On cross-examination, Acklin asked Kitchens if he knew how many vehicles were registered in her name and how many driving-age children she has. He said no. She then asked if he was able to determine if she drove a vehicle onto the bridge.

"I have no proof that you was ever in the vehicle that day," Kitchens replied. On redirect, Kitchens told Davis that one doesn't have to have a vehicle to be charged with disorderly conduct.

Mitchell attempted to question Kitchens as well, but his questions kept devolving into monologues, and Gholston explained that he would be able to argue his case at the end of testimony.

Kitchens told Cole that the investigation was time-consuming. He said Viator did not appear on the bridge until 25-30 minutes into the blockage, did not drive onto the bridge, and did not hold a sign.

"He was participating with the leaders up front," said Kitchens. Video showed Viator performing what Cole described as a "Kid 'n Play dance" with Gordon.

Cole asked about a group of Hispanic men who Kitchens said walked down the bridge toward a gas station to use a bathroom. Kitchens said it wasn't illegal to walk on the bridge. Cole asked if the group had obstructed traffic by walking.

"There was no traffic to obstruct at that point," said Kitchens.

"Exactly," responded Cole.

Kitchens told Cole that DPD policy at the time, when responding to protesters, was to issue a dispersal warning before making arrests.

Sarah French was the only defendant to call a witness. Her grandson's mother testified that French retrieves the grandson from Huntsville every other Thursday. French said she was returning from Huntsville on Oct. 19, with her grandson in the vehicle, when she got stuck in traffic.

"Everybody was out of their car," said French. She said she didn't know the names of any of the protesters on the bridge at the time. "It's not against the law to have a sign in my car."

Destiny French, who was a passenger in Sarah's vehicle, testified that she did not exit the car, chant, or hold any signs.

Acklin testified that she always travels with Perkins signage and that she was "not the one impeding traffic." She said she would have dispersed if ordered to do so by police.

In closing, Cole argued that there was no evidence before the court showing Viator had participated in protesting.

"I will enter a written order at my earliest opportunity," Gholston told the defendants before adjourning court.

Afterward, Cole said his client, who was specifically charged with the blocking traffic component of the disorderly conduct statute, should be acquitted.

"I have a suspicion that this is the most man-hours spent in Decatur history for a single misdemeanor," he said. "You made the arrest, you got the case, they've been living with this for a year. You've made your point.

"If we're serious about healing, wouldn't it be a great step if we told these protesters, 'We're going to dismiss your cases. Let's all start moving forward together.'

"Obviously, that didn't happen."

— david.gambino@decaturdaily.com or 256-340-2438.