Defense attorney John Norton, left, cross-examines witnesses Thursday in the assault case involving brothers Mike Parker, center, and Marvin Parker. (T-G Photo by Brian Mosely) [Click to enlarge]

Marvin Bobby Parker faces five counts of aggravated assault and a single count of misdemeanor assault while his brother, Mike Parker, is facing a single count of aggravated assault. The grand jury is scheduled to convene Monday, Oct. 20.

The charges stem from an incident that allegedly occurred at Duck River Speedway June 7. According to a report filed by Shelbyville police officer James Wilkerson, who was employed at the Speedway as a security guard, he was dispatched by track owner Jim Hastings to investigate a report of a man hit by a vehicle on pit row.

Warrants charging Marvin Parker with five counts of aggravated assault were filed by James Smotherman, Jr., Gary Epperson, Christopher Smotherman, James Smotherman, Sr., and Karl Duke, which claim Parker attempted "to run over several of the patrons and did strike and injure one individual requiring medical treatment and extensive damage to his face, arm, leg and back that will require corrective surgery."

"The other affiants narrowly escaped being struck and suffered cuts and scrapes to their persons," the warrant states. "One of the individuals was a 12-year-old child."

According to the police report, Wilkerson observed a large crowd near the alleged incident and was told that Chad Smotherman was the victim of a vehicular assault by Marvin Parker. While Wilkerson and officer Mike Davis were at the ambulance, "we received information that the Parker Brothers were attacking Jim Hastings."

The report also said that Mike Parker attempted to strike Hastings with "a pipe-like object."

The officers went to the Parkers' pit area to attempt to learn what occurred, the report states. "While investigating said offenses, Mike and Marvin Parker became enraged at Hastings for no legitimate reason and began striking him with their fist," Wilkerson wrote.

The officers reported that they "deployed chemical weapons" and used physical force to extract Hastings from the alleged assault. "Marvin Parker was physically combative and verbally abusive toward Hastings and officers," Wilkerson's report said.

During the hearing on Thursday, defense attorney John Norton cross-examined witnesses at great length about what they saw that evening. Norton attempted to assert that the Parkers were in fear for their safety from an angry mob and asked witnesses if they observed anyone throw objects or pull a knife on the Parkers.

Duke testified he saw Smotherman struck so hard by Parker's vehicle that he "flew threw the air." A member of the pit crew, Gary Henderson, stated that he saw "banging" on the track between the Smotherman and Parker cars and stopped Marvin to ask why he was doing it. Henderson said that Parker said nothing and instead gave him an obscene gesture.

Norton told the T-G in June that "things did not happen in the way the officers reported."