Parker won't seek to question jury after all

Instead, Marvin Bobby Parker will have his motion for a new trial on Oct. 16.

Parker had been found guilty of assault charges in connection with a incident at Duck River Speedway in 2008 in May.

However, Parker had asked Circuit Court Judge Lee Russell two weeks ago to force jurors who deliberated his case to answer questions as part of legal moves to have a new trial set.

But his attorney, Neil Campbell, withdrew that motion on Thursday.

Parker was found guilty and sentenced to a total of four years on the charges of reckless aggravated assault, two counts of simple assault, and reckless endangerment.

However, he was released for time served, a total of 59 days, and is currently serving one year of community corrections, an intense form of probation, after which he will be transferred to regular probation.

According to a report about the June 7, 2008, incident filed by Shelbyville police officer James Wilkerson, who was also 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 stock car on pit row.

The warrants stated that Marvin 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," the report read.

According to the police report, Wilkerson observed a large crowd near the 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."

Parker is also suing the city of Shelbyville and the county, including both of their law enforcement agencies, along with a number of other entities and individuals over the incident.

The suit claims that any and all of the damages the Smothermans suffered "was directly proximately caused and contributed to by Plaintiffs' own negligence or fault," and or by third party defendants' negligence or fault.

Those named as third party defendants are: Bedford County, the Bedford County Sheriff's Department and Sheriff Randall Boyce, the City of Shelbyville, the Shelbyville Police Department and Chief Austin Swing, police officers Mike Davis and James Wilkerson (sued individually and in official capacity), Duck River Speedway LLC, Jim Hastings, Tim Smith, B.J. Smotherman Jr., Gary Epperson, Clay Parker, Mr. and Mrs. Chuck Newby, Karl Duke, Smotherman Trucking, LLC., and other unidentified witnesses to the incident.