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Bayside Marina owner sued

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By Damon Lawrence

Bayside Marina owner Alan Schneider has been sued for an incident that happened on April 29, 2012.
Dorothy Smith, Dorothy Upton, Jack Wagner and Julian Winkfield are each seeking $100,000 in compensatory damages and $500,000 in punitive damages. Attorney Chris Cawood filed the lawsuit in Roane County Circuit Court on March 28.
Smith and Upton, the lawsuit said, co-owned a mobile home located on a lot at Bayside Marina.
On the day of the incident, Wagner and Winkfield were at the marina to help Smith and Upton move the mobile home.
The lawsuit said Smith was removing the underpinning when Schneider approached her and demanded she move her car. He threatened to get a gun, the lawsuit said, when his attempt to hook chains to the  automobile was unsuccessful.
“Defendant did, in fact, retrieve a handgun (.357 Magnum) from his residence and pointed it all of the plaintiffs and a small child who was there,” the lawsuit said.
Roane County Sheriff’s Deputy Stan Hohulin responded to the incident.
He reported removing a .357 Magnum revolver loaded with six hollow-point bullets from Schneider’s pocket. Hohulin also reported speaking with Smith and others at the scene.
“She and the witnesses state he (Schneider) said he was going to the house and get a gun,” Hohulin wrote in his report. “She states he then returned from the house approaching them with the revolver in his hand and pointed it at them.”
Schneider was arrested and charged with aggravated assault. The case is still pending in Roane County Criminal Court.
The lawsuit alleges that Schneider also wrapped chains around Smith’s arm and ankle.
“Plaintiffs allege that such actions of putting chains around plaintiff Smith and pointing a loaded pistol at each of the plaintiffs constitute intentional or reckless acts that are so outrageous and not tolerated by civilized society and resulted in serious mental injury to plaintiff Smith and physical injury of having the chains wrapped around her ankles,” the lawsuit said. “Plaintiff Smith has undergone psychiatric treatment for her mental injuries and medical care for her legs and ankles.”
Schneider has yet to file a response to the lawsuit.
He has a hearing scheduled for Aug. 6 in Roane County Criminal Court on the aggravated assault charge.