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GoogleMichael 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.
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please
Sometimes our ways don't mix well with others, and things can turn out bad. In the past, things that angered me, would control my actions in a bad way. Now things that anger me "still" controls my actions, but I am more cautious of what the outcome would be toward the way I react. So I avoid putting myself in those types of enviroments, or situations. Some situations can't be avoided, and in this case, if I can't "Think with a Level Head", it would be good for me to ask someone to assist and help me with the situation. In cases of violence it is always best to call the police, to tame things down, or you can get caught up in the violence yourself, and instead of being the victim, you become the perpetrator.
I really do hate that this happened, I had art class with Chad Smotherman, he was always a nice person. I hope his surgeries and everything turns out OK with him, and everyone else that may have been hurt in this incident. I feel bad for Marvin as well, we all know their had to be some kind of consequences for what was done. I pray that God guides you, and be with you as well.
I don't know Mike very well but I do know Marvin. This is a great waste of talent and I would hope he would wake up and see that he desperately need to get his anger in check. I think they were rasied that way and never knew anything else. You just don't let your mad get in your pocketbook. It is a sad day for everybody. I keep those that were injured in my thoughts as well as Marvin and his family. Take responsibility for what you have done with true remorse, do your time and get back into life as a new man.
I know both these boys Mike and Marvin and they are good people. What they got is not fair at all. Why is it fair that somebody go to jail for a stupid little fight. What about all the other fights at the race track? What about the shooting that took place??? I think that our system does not work. I am pretty sure that this is not over and when the whole truth comes out then we will see that Marvin being in jail is just plain wrong and I hope he gets justice. If you was not there then you dont know what took place, and let me tell you this the Parkers did not start that fight. The only reason he got took to court is because the Smothermans beat him to the station to sign the warrant first. Ever who gets there first gets the warrant, it doesnt matter that they are the ones that started it.
Call me crazy, but any day with Marvin Parker and Roger Ritch in jail at the same time is a pretty good day in my book.
Tell em tatersue, somebody's gone to the pokey.
"let me tell you this the Parkers did not start that fight."
sure thing. i heard the parkers were just sitting there peacably, putting together gift baskets for the elderly, when a mob came up and started throwing themselves under the parker's car. it is an outrage!
I was not there that night, but several people have told me that those people swarmed Marvin's car when he exited the track (even poured gas on him), and that the boy was injured because he was on the hood of Marvin's car and was slung off when Marvin took off to try to escape the people trying to hurt him. It was also stated in the trial that the victim was legally drunk, but Marvin had no alcohol in his system. I think this is a travesty of justice!
So you must be saying that Marvin was wrongly convicted? Didn't he have Norton? It seems if he was so innocent he would have pulled out all those wittnesses to defend him. We have all been provoked at times, but we don't all go crazy because of it. 2 wrongs have never made a right!
I have always hated that saying "2 wrongs don't make a right" because 1 wrong and 1 right don't make a right either..
This is a true injustice! Our court system is a joke! The good ole boy system at work once again. Since when dont you have the right to defend yourself. If a mob of drunken idiots stab you and throw gas in your eyes you have the right to fight back by whatever means possible. NOT GUILTY!
It seems Marvin dispatched his followers just prior to his sentencing to rally around his innocence... So typical... he is the person who knows the scripture so well, he can't follow it himself.
I really don't know either of these Parkers at all , but I can say that the one who manages the apartment on Depot Street,really needs lessons in tact, courtesy and respect for the elderly. I was filling out an application for an apartment, and he was talking the whole time and being very abusive and disrespectful until I just laid the pen down and said "NO, I do not want an apartment here".
I just pray there aren't any other ladies living there --elderly or otherwise- who are enduring his abuse.
Look at it this way. Norton is the only one who won in this mess. Since I have lived in this county I have seen that 99% of the so called ( I didn't do it crowd ) hires Norton. Roger Ritch screwed hundreds of family's and Norton will prove he did'nt do it.( Yea right )I went to the track quite often but, due to the drunks and ones looking for a fight I quite. Just be glad that something else did not happened. What is meant to be enjoyment and a sport turns into a beer party where someone get hurt. I hope that they clean up the track before one of these drunks that has a gun permit causes damage that can not be undone.
My thoughts exactly! This so called race track should be the ones held accountable! This place is a breeding ground for illegal activity.I know of several people who have been badly hurt in fights out there, and nothing has ever been done to step up security.
I was not at Duck River Speedway that night. Incidents of this nature are the reason why I avoid the place. I have been told by several people who were there that this altercation stemmed from events on the track. When Mr. Parker exited the track, he was swarmed by an angry mob. They even threw gas on him and unopened beer cans at him. The person who was injured was thrown from the hood of the car. So I can understand why Mr. Parker reacted as he did. I cannot defend him for the altercation with Mr. Hastings because I do not know what was said to provoke it, but I am sure there is more than one side to this story. It is a shame only one side is being reported. My personal feeling is that there are several people with $$ in thier eyes and see this as a way to try to get a monetary settlement to fund their redneck habits.
Unfortunately, I am not privy to the testimony provided by the Prosecution's witnesses, but I do know of some of the things said by the defense. If I were on that jury, I would have a hard time reconciling the two sides. I mean, from my understanding, the Parkers' basic defense was we were defending ourselves. Also, there was blood found on the car...where the heck did it come from??? I understand it was INSIDE the car, not on the outside as if someone where hit by it. I do NOT defend the Parkers...I bought one of their houses and would give it back in a second if I could...but the two sides are so different, I just really wonder what the truth is. A professor in college once told me that innocent people don't go to jail...that person may be innocent of the crime for which they were committed, but you can almost guarantee that the person committed acts for which they were never caught or punished...Sounds a lot like karma, huh?
Ok I know the owner's of Duck River Track. I also know both the Smotherman family and the Parkers. I also know that a 12 yr old boy that does not know any of them from Adam will not get on that stand and lie about something either. There was a a gentleman listening in on the trial and when they showed a picture of the carburator and was saying it was bent to full throttle it was not (this person know's his race parts since he does deal with them on a daily bases) he say's that it was bent in a nuteral possition. Then they put another picture up that was to be the same picture as before but was not and yes it was bent to full throttle. Also a car is fixed to only go left if the stearing wheel is off when they are on an incline not sitting on a solid flat surfice. I am not on either sides but both sides had lies on them and I hate it for all but what goes around comes around!
"Randles said that Marvin was offered a deal that would have meant no jail time, but decided to proceed with the trial instead."
From the back and forth's I've had with Parker Brothers on this site, he never believes he is wrong. That isn't always a bad trait in a person, but it seems like he really carried it too far this time.
I don't believe that pushing for a trial, if that statement is accurate, reflected anything more than his hubris, and I don't believe the fact he hired John Norton as his attorney and lost means anything. None of this can be used to judge his guilt or innocence.
From the little I know of him, he hired Norton because that seems to be the thing to do in Shelbyville if you have money, and he went to trial based on his pride. John Norton is simply an attorney, and I bet if you go back and look at his history he's batting no better than .300.
This may have also been part of Parker Brother's fall. He could have put too much stock in one person, probably based largely on public opinion and not much else.
I do believe what jtjustice's professor told him about there being no innocent people in jail, though.
The world has a way of catching up.
I have to agree that the owners of the race track needs to be the ones in trouble here. First of all Marvin already told Jim Hastings (owner) that there is not enough security at the track, and if he dont do something about it that somebody is going to get hurt, and sure enough look what happened. With Marvin in jail is the fights going to stop???? NO!! of course not, they will go on, and its sad. There was blood on the inside of the car that came from one of the boys that was attacking Marvin. What about his clothes being cut that Marvin had on?? This angry mob came out and started attacking Marvin and he has his rights to defend his self. I think everyone needs to ask themself "if a bunch of people came out and started hitting me while I was in my car, what would I do??" I am willing to bet that everyone would say that they would try to get away. If all this started on the track, that does not give anyone the right to touch another person, and also why did they have to jump him? Why couldnt Chad face him like a man and at least let him get out of his car? Chad has been in many fights and trouble with the law. Matter of fact he was just in court a couple weeks ago for DUI and leaving the seen of an accident and they put him on probation, when really he was driving recklessly and could have killed someone. I think that if Marvin is guilty then so is the rest of them that was in on it. I hope the race track gets shuts down, matter of fact I think I am going to start a petition just for that. If I am not mistaking didnt they prove that Chad was indeed drinking heavy that night, so why is it that he remembers so much if he was drunk, because if I am not mistaking a drunk person does not have correct memory the next day, they may think they know, but they dont. Right then thats when the jury should have throwed this case out.
I think what Just Stating the Facts is really getting at is that the Parkers are good people they have issues and flaws just like anyone else and I don't believe that anyone should have just jumped Marvin when he come off the track. It should have been Chad Smotherman and Marvin if Chad had an issue with him. I don't know them that well but but I do know Mike's wife and have all my life and I know she would not put up with that from Mike or want that around their kids. As for Duck River I have always enjoyed it there and have a lot of friends that race there. It does get to be a big redneck area at times and Jim and Timmy do everything they can to keep it as safe as they can but some times you get all those people there and them drinking then it's a little harder to do that. I hate it for everyone involved in that issue and hope that something is done as Just Stating the Facts also said that Chad Smotherman did get in trouble about a DUI and leaving the scene. That right there could have been someones life!
Marvin was found not guilty of vehicular assault which means he did not willingly, knowingly, or purposely hit Chad Smotherman. He was found guilty of reckless aggravated assault.
Let me correct my previous comment: Marvin was found not guilty of willingly, knowingly, or purposely hitting Chad Smotherman. He was found guilty of reckless aggravated assault.
Where did the blogs go that told the Parker side of the story? Could it be that this newspaper is just sticking to what was reported and not allowing the Parker side to be told? Just curious. Seems a little unfair for those of us that know both parties and blog in to express their opinion.
DirtMom
blogs are not fair and do not represent facts.
I honestly can't believe that what happened that night even went to trial. I think Mr. Parker did the right thing by taking it to trial to avoid a felony on his record.(since that was his only choice) With the verdict given (wrong in my opinion) just gives the people who started this the go ahead to continue to "attack" other racers and get away with it. It scares me to think what will happen next since you clearly aren't allowed to defend yourself! Any body that gets attacked while still in their car, would have tried to drive away. If he had meant to assault someone with his car, he would have never stopped for the many "attackers" that ran at him from all directions. There were many lies told on the stand by the prosecuters...but "Karma" always bites you back. Thank goodness the attackers were not able to get him all the way out of the car..or I am sure he probably wouldn't have been here to have even tried to defend himself...Good people and yes, even innocent people do go to jail...fault does lie on both sides..but ask yourself this, if an angry mob of people start attacking you while you are sitting in your car, what would you do? Do you think it is fair that because you tried to defend yourself that you go to jail, and the attackers that started the whole thing walk away as if they were the only victims? I don't understand why the people that started this have not been banned from Duck River...I would certainly feel a little more safe if the track would "step up" and at least ban them for their actions that night. At least it would send a strong message that this kind of behavior is not tolerated by the track...
Personally I think and am glad that Bobby got what he deserved because he is not the nices person in the world "better than thou" does not apply to him anymore
DELEPOOH! THIS IS NOT "BOBBY JR" THIS WAS MARVIN PARKER NOT THE SAME PERSON
DONT TRUST ANY OF THE COPS, I AM AN EX COP THERE I WORK WITH WILKERSON, PHILIPS AND DAVIS. THEY WILL LIE PUT YOU IN JAIL AND RETURN TO POLICE DEPT AND MAKE FUN OF THE PERSON. MOORE AND GARCIA WERE JUST COUGHT IN LIES BY A JUDGE AND WERE LET OFF AND SENT SOMEONE TO JAIL, NOW WHAT HAPPEN TO THE CHIFE WHY DOES HE ALOW THIS, OH YEA HE DONT RUN HIS DEPT, THE PHILPS DOES, WHO IS WHOS LAP DOG THERE. GET THE LIES OUT EVEN IF IT MEAN THAT YOU HAVE TO FIRE A BAD COP BEFORE SOMETHING REAL BAD HAPPENS
I find it quite humorous how individuals will attempt to bash the local law enforcement. I would say it is a dangerous job, not one I would do. Obviously something did not go your way "cant trust cops." Kind of strange, that you ridicule the current cops, but didn't stick around to "make a difference" your self, since your an "ex cop" and all.
Its too bad about the race track. I enjoyed going there with my family. It just got a bit too wild for my taste.
Whoops I am sorry I was talkin bout the one that manages the apartments sorry Marvin.
I know exactly who Can't Trust Cops is. If you read his comment, the Shelbyville taxpayer had better be glad he is and EX. I am sure his Police reports were just as bad. The taxpayer wasn't getting their money's worth from him.
Consider the source.
cant trust cops:
I think the majority of people would disagree with you and would say that the SPD and BCSO are doing a fine job, especially with the meth labs, etc lately that have been found in our area. In my opinion, Chief Swing has done an outstanding job. Sure, he may delegate some things down the chain of command, but that certainly does not mean that he doesn't run his department properly. Delegating is just part of being an effective leader.
I have no idea who you are, nor do I care to know, but I do wonder why you are an "ex" cop as the SPD seems to have very little turnover. With your grammatical errors and mis-spellings, maybe your reports weren't up to their standards? Maybe your attitude had something to do with it?
The guys/gals who work in our local law enforcement agencies do an outstanding job and certainly do not need the likes of you putting them down and obviously holding some sort of grudge against them.
delepooh, I'm afraid that you are not the only one that has these 2 confused. I just pray that the judge and jury didn't make the same mistake.
I know Marvin and his family. His father was a wife beater, Mike being the spawn of one such beating. Marvin is a wife beater and has a history of hitting people who anger him with objects like baseball bats and metal pipes and now, a car. There is a lot of anger there and I do not want to be around when he is released from prison.
Even though you know the family, did you see this with your own eyes or is it hearsay? Remember the saying don't believe anything you hear and only half of what you see. I have known Marvin over 20 years and have never seen that side of him. He has always been easy to get along with and has done everything that he says he will do. He will stand up for what is right and not roll over and play dead when someone wrongs him.
Fluff: I resent your post. I have been with Marvin everyday for almost 21 years. He is caring and compassionate and has never raised a finger to hit me or even acted like he wanted to. Why do you not use your real name to such a slanderous post?