NASHVILLE: A Tennessee man known for posting racist videos online and going by the moniker Chud the Builder has been charged with attempted murder after shooting a man outside a Clarksville courthouse on Wednesday. Dalton Eatherly, who is white, regularly posts videos on social media where he attempts to provoke Black passersby by using racial slurs and racist dog whistles. He was arrested on Wednesday following an altercation with another man.
What Happened
At approximately 1:20 p.m. on Wednesday, police responded to reports of gunfire outside the Montgomery County Courthouse. Deputies detained two individuals involved in a physical altercation that escalated to gunfire, according to a news release from the sheriff's office. Both individuals sustained gunshot wounds and were taken to separate hospitals, where they were listed in stable condition. District Attorney General Robert Nash identified Eatherly as one of the individuals involved. Authorities declined to provide details about the second man, but a witness who saw him being loaded into an ambulance described him as Black.
Neither Nash nor the sheriff's office have disclosed what led to the confrontation. It is unclear whether Eatherly has legal representation for this case. The courthouse remained closed on Thursday due to the incident, and online records were not updated. An attorney representing Eatherly in an unrelated case did not return a call seeking comment.
In an audio stream posted to social media shortly after the shooting, Eatherly claims he shot the man in self-defense after the individual began hitting him. In the clip, Eatherly can be heard speaking with paramedics, one of whom notes a bullet wound's entry and exit point in his arm. Eatherly asks, 'Did I shoot myself or did it graze it?'
After being released from the hospital on Wednesday, Eatherly was taken to the Montgomery County jail. He faces charges of attempted murder, employing a firearm during a dangerous felony, aggravated assault, and reckless endangerment with a deadly weapon. Authorities did not provide an update on the condition of the other man on Thursday, and a hospital spokesperson cited medical privacy laws in declining to disclose information.
The Free Speech Defense
In an online fundraiser posted prior to the shooting, Eatherly complained that his contracting business struggles to find work because people object to his videos. He describes his content as 'mild jokes' and admits to using racial slurs, calling it 'harmless humor.' The fundraiser is addressed to 'friends, supporters, and champions of free speech.' It is unclear when it was first posted.
While Eatherly repeatedly invokes free speech in his social media posts, his actions may constitute crimes under Tennessee law, according to David Raybin, a criminal defense attorney and former prosecutor specializing in state criminal law. Because Eatherly was known to openly carry a pistol while berating people, the combination could constitute assault, Raybin said. 'You don't have to touch someone,' he explained. Assault can be charged if you 'create fear of imminent harm.' Additionally, using 'fighting words' constitutes disorderly conduct under local Nashville ordinances.
Well Known in the Community
Claire Martin, who works in a law office across from the courthouse, witnessed the aftermath of the shooting. She said Eatherly is well known in the community for yelling racial slurs at Black people while filming them. He also regularly engages in similar behavior in downtown Nashville, approximately 50 miles (80 kilometers) to the southeast.
Just the previous Saturday, Eatherly was ejected from a Nashville steakhouse after refusing to stop livestreaming inside the restaurant. According to a police affidavit, he began yelling, screaming, and making racial statements before leaving without paying a nearly $400 bill. He was arrested the following day on charges of theft of services, disorderly conduct, and resisting arrest, and was released on a $5,000 bond.
On the morning of the shooting, Eatherly had been scheduled to appear in court in Clarksville regarding a $3,300 debt allegedly owed to a credit company, according to Montgomery County court records. The civil case was filed in February on behalf of Midland Credit Management. Court records did not indicate whether Eatherly attended the status hearing, and online records list the case as open. The shooting occurred several hours later.
Next Steps
Eatherly was not listed in online court records as of Thursday afternoon. If the case proceeds as typical in Montgomery County, he will be arraigned on Friday, when a judge will decide on bond. While police have not specified what happened prior to the shooting, if Eatherly is found to have provoked the other person, it would be very difficult to prove self-defense, according to Raybin. Regardless, a person only has the right to use deadly force if threatened with death or great bodily harm. 'I think a prosecutor would give very little weight to claims of self-defense,' Raybin said.
