(Leitchfield, KY) – Quietly, an Amish man sat on the witness stand answering questions asked by Joe Hostetler; an Amish man representing himself during a jury trial in Grayson County, concerning a citation he received from the Leitchfield Police Department.

Hostetler and Ben Yoder were both cited for Failure to Display a Slow Moving Vehicle Safety Emblem in March of 2011.  Hostetler’s horse drawn buggy did not have the orange triangle that is required under Kentucky law for all slow moving vehicles, including horse drawn buggies.

The trial was presided over by the Honorable District Judge Harold Goff. 

Goff had to explain to Hostetler some of the procedures of the courtroom - closing arguments and polling the jury - for the trial to continue.

The first witness explained why the religious group refuses to display the orange triangle.  Citing religious reasons, the man read scripture from the Holy Bible explaining their belief finds the triangle to be a graven image and is in direct conflict with the 10 Commandments, and it misrepresents the Holy Trinity; Father, Son and Holy Spirit. 

He explained the group does realize they need to be visible and explained how white reflective tape would be more beneficial than an orange triangle.  He said the religious group felt like they only had two options:

1.    Stay off of the roadways, which he said would destroy their livelihood.

2.    Use the triangles, which he said would leave them excommunicated from the church. 

Attorney for the Commonwealth, Don Cottrell, cross-examined the witness and asked him if he ever used triangles in his line of work as a leather worker.  The man answered no, even after Cottrell asked him about using geometry in his line of work.  The gentleman did not understand what geometry was but explained he did not use triangles in his work.

The second witness did not have any more information to add to the case.

Hostetler simply said for his closing argument, that he would let the jurors decide however they feel is right.

Cottrell explained to the jurors in his closing arguments that using the public infrastructure is a privilege, not a right.  He cited safety concerns for the Amish group and for others driving vehicles who could unknowingly crash into the slow moving buggies before being able to stop.  Cottrell said, “We are not here to punish them for their religious beliefs, but I am here to enforce the Kentucky law.  We must ensure our laws are enforced and we don’t get to pick and choose which laws we abide by.”

The jury deliberated approximately 10 minutes before returning a guilty verdict.

The jury fined Hostetler the minimum $20 fine, but with court fees  his total owed was $163.  Judge Goff asked if he would like to pay the fine in full or if he wanted to be setup on payments.  Hostetler quietly stated he would not be paying the fine.  Judge Goff said he would give him 30 days to reconsider and explained the new Kentucky Pay or Stay Law, passed in June 2011.  The new law incarcerates a person one day for every $50 owed.

Judge Goff asked Hostetler if he wanted to go ahead and serve the four days and “get it over with,” or take the 30 days to reconsider paying his fine.  Hostetler, at first, decided to take some time. 

Judge Goff moved onto Ben Yoder and scheduled him to appear in court on March 9, 2012, to face his own jury trial for the same crime.

After Yoder’s date was finalized, Hostetler decided to serve his four days in jail starting immediately.  He was booked at the Grayson County Detention Center.