Parker Brothers found guilty in track attack

Following a six-day trial, two brothers who faced a variety of assault charges stemming from an incident at Duck River Speedway last summer were found guilty on Monday.

Michael Ray Parker was found guilty of simple assault, while his brother, Marvin Bobby Parker, was found guilty of reckless aggravated assault, two counts of simple assault, and reckless endangerment.

Following the reading of the verdict, Circuit Court Judge Lee Russell revoked Marvin Parker's bond, citing the fact that by his actions at the track that night, Parker demonstrated that he could be a danger to the public, according to Assistant District Attorney Mike Randles.

He was taken into custody and will be held at Bedford County Jail until his sentencing hearing, which is set for July 17.

Randles said the charge of reckless aggravated assault, a felony, carries a sentence of two to four years, while the other misdemeanor charges carry a sentence of up to 11 months, 29 days.

Randles said that Marvin was offered a deal that would have meant no jail time, but decided to proceed with the trial instead.

Michael Parker also faces a sentence of up to 11 months, 29 days on the simple assault count.

Jury selection on the case took up the first day of the trial, which was scheduled to last only three days, last Monday.

Randles said the trial had a lot of eyewitnesses to what occurred on the track that night, as well as testimony from a doctor and an engineer hired by the defense to explain to the jury about throttle linkage in the race car driven by Marvin.

According to a report about the June 7, 2008 incident 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 aggravated assault were filed by James Smotherman Jr., Gary Epperson, Christopher Smotherman, James Smotherman Sr., and Karl Duke.

The warrants 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. 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 fists," 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 a preliminary hearing last October, defense attorney John Norton cross-examined witnesses at great length about what they saw that evening, attempting 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.