Hico man acquitted in Westboro Baptist spitting trial
CHARLESTON, W.Va. — A Fayette County man was acquitted Friday of battery charges for spitting on a member of the Westboro Baptist Church during a protest outside a Catholic church last year.Billy Spade of Hico told the jurors that as the son of a deceased coal miner, he was offended by protesters holding signs that said “Thank God for dead coal miners.”
But it was the sign that said “Thank God for dead Marines” that sent him over the edge.
A roadside bomb killed a friend whom he looked upon as a little brother while he was serving as a Marine in Afghanistan, Spade said. So he took aim at Shirley Phelps-Roper’s sign and spat at it.
Sometimes we hillbillies do the right thing.
Senior Assistant City Attorney Gene Webb, who served as a prosecutor during the trial, told the jury to ignore Westboro’s message and focus on the act of spitting.
“We have a victim who, I assure you, no one in the city agrees with [her] message,” he said, “but the Constitution of the United States protects their right to free speech, no matter how despicable it might be.”
In defense of Spade, Kanawha County Public Defender George Castelle said Phelps-Roper’s actions and signs were carefully calculated to goad others into responding.
“They were signs designed to make [Spade] angry. They were signs designed to provoke him,” he said. “They got what they wanted because they invited it.”
Castelle noted that the counter-protesters, who numbered between 50 and several hundred, applauded Spade as he calmly left the scene with police officers.
“Billy Spade is not a criminal,” Castelle said. “If anything, he’s a hero.”
The jury deliberated for less than an hour before returning its not-guilty verdict to Municipal Judge Ann Charnock.
Sadly, in light of the SCOTUS decision this is probably NOT over.
[added] Looking at the comments I have to offer a further reminder akin to what Susan noted. Nullification is a local phenomenon. This particular case has been de Facto decided by SCOTUS. The civil/tort issues are way out of my purview.








