October 12, 2025

Man Arrested Over Halloween Display Criticizing Officials

Stanton, Kentucky, October 12, 2025

News Summary

Stephan Marcum, a 58-year-old resident of Powell County, was arrested for displaying Halloween decorations that depicted local officials as fake bodies in trash bags. The display, which included a bag labeled ‘District Judge’, stirred controversy amid Marcum’s ongoing legal disputes with local authorities. Charged with terroristic threatening and intimidation, Marcum’s defense leans on First Amendment rights, suggesting the display emphasizes political expression rather than threats of violence. Currently, he remains in custody with a bond set at $5,000.

Stanton, Kentucky — A 58-year-old man from Powell County, Stephan Marcum, was taken into custody on October 4th for displaying Halloween decorations that portrayed five local public officials as fake bodies stuffed in trash bags. This controversial display included one bag labeled “District Judge” arranged to suggest the body was hanging by the neck, alongside others marked “Mayor,” “SIS,” “C.A.,” and “Zoning Mgr.”

The names of the officials were not publicly disclosed in the display; however, court documents reveal that Marcum has been engaged in a legal dispute with local authorities regarding a building situated near his residence. Marcum had previously been granted a conditional use permit to operate the building as an art studio and residence, which was ultimately revoked after he failed to fulfill several conditions related to the establishment of water, sewer, and electrical services.

Marcum faces charges of terroristic threatening and intimidating a witness in the legal process. The investigation began when Commonwealth’s Attorney Miranda King reported Marcum’s display to the Kentucky State Police.

Laws surrounding such displays and expressions fall under the First Amendment rights, which legal experts suggest could offer Marcum some protection. A law professor from the University of Louisville indicated that Marcum may not have intended to create a “true threat,” which is legally defined as a statement meant to incite violence with reckless disregard for its interpretation. Thus, the weight of Marcum’s display may lean more towards political expression rather than a direct threat.

Further support for Marcum’s defense emerged from a lawyer specialized in First Amendment cases, who argued that the decorations should be viewed as an expression of discontent rather than an actual threat to harm anyone. Similarly, another law professor commented that there is no evidence showing that the display led anyone to contemplate violence, labeling it instead as political hyperbole.

Powell County Judge Executive Eddie Barnes described the decorations as “harsh,” noting his personal acquaintance with Marcum while expressing disagreement with the means of his frustration. An associate professor of political science pointed out that while free speech is fundamental, threats are not protected under the law, especially in a political climate that has shown increasing intolerance towards violent imagery.

Currently, Marcum remains in custody at the Powell County Detention Center, with a bond set at $5,000. Following his arrest, the Halloween decorations were seized and transported to Kentucky State Police Post 8 in Morehead. A special judge, William Roberts, has been appointed to preside over Marcum’s case, taking the place of District Judge Gary Salyers. As of now, no hearing date has been scheduled to address the charges against Marcum.

FAQ

What charges are filed against Stephan Marcum?

Stephan Marcum is charged with terroristic threatening and intimidating a witness in the legal process.

Why was Marcum’s conditional use permit revoked?

The permit was revoked because Marcum failed to meet conditions like establishing water, sewer, and electrical services in the building he intended to use.

What is the legal definition of a “true threat”?

A “true threat” is defined as a statement made with the intention to incite violence, demonstrating reckless disregard for how it may be interpreted.

What was the reaction of local officials to Marcum’s display?

Local officials, including Powell County Judge Executive Eddie Barnes, described the display as harsh and expressed disagreement with the way Marcum chose to express his frustrations.

Key Features of the Case

Feature	Details
Arrest Date	October 4, 2023
Charges	Terroristic threatening, intimidating a witness
Defense Argument	First Amendment protection, political expression
Current Status	In custody, $5,000 bond
Judge Assigned	William Roberts
Hearing Date	Not yet scheduled