Former Houston lawyer takes Bayside owner’s assault case

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By Damon Lawrence

Bayside Marina owner Alan Lee Schneider has retained Athens attorney Randy G. Rogers in his aggravated assault case.
His previous attorney, Terry L. Stevens II of Kingston, was allowed to withdraw in May.
Rogers notified the court in June that he would be representing Schneider.
Rogers represented Rocky Houston when he faced first-degree murder charges for the 2006 deaths of Roane County Sheriff’s Deputy Bill Jones and his ride-along Mike Brown.
A state appeals court ruled that an error made by the judge during the December 2008 trial barred Houston from being tried again.
Rogers also handled the appeal.
Schneider is accused of pointing a gun at Dorothy Smith at the marina on April 29, 2012.
He was indicted by the Roane County grand jury on Oct. 15, 2012.
Smith, Dorothy Upton, Jack Wagner and Julian Winkfield filed a lawsuit against Schneider in March.
Smith and Upton, the lawsuit said, co-owned a mobile home located on a lot at the marina.
On the day of the incident, Wagner and Winkfield were there to help Smith and Upton move the mobile home.
“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 and reported removing a .357 Magnum revolver loaded with six hollow-point bullets from Schneider’s pocket.
The lawsuit also accuses Schneider of wrapping chains around Smith’s arm and ankle.
“That’s what she says he did,” said attorney Chris Cawood, who represents the plaintiffs.
Knoxville attorney Bill W. Petty is representing Schneider in the lawsuit.
Petty filed an answer in May denying the allegations. He also accuses the plaintiffs of assaulting Schneider.
“One of the other defendants, believed to be Julian Winkfield, physically attacked the defendant,” the answer said. “It could have been Jack Wagner, but it is believed that Julian Winkfield was the one who attacked and inflicted personal injury upon the body of Alan Schneider.”
Petty said Schneider went and got the gun to protect himself.
“Defendant putting chains around plaintiff Smith are adamantly denied as at no time did that occur,” the answer said. “At no time did the defendant ever point a pistol at any of the parties, but did secure same to protect himself from the physical attacks and assaults of the plaintiffs, with the exception of Upton.”
A pretrial conference in the civil case is scheduled for Sept. 30. 
Smith, Upton, Wagner and Winkfield are each seeking $100,000 in compensatory damages and $500,000 in punitive damages. Schneider wants the lawsuit dismissed.