From left are Adam Brown, Judge Clarence Shattuck, prosecutor Lance Pope, defense attorney Garth Best and Donald Stuard II
A 33-year-old man who was shot in the face during a clash at a Bakewell gas station said he did nothing to provoke the shooting. The man charged said the victim cursed him, then started toward him.
General Sessions Court Judge Clarence Shattuck, after a hearing on Tuesday, bound to the Grand Jury a charge of attempted first-degree murder against Donald Stuard II, 29, of Old Washington Highway in Rhea County.
The judge also declined to lower his bond, saying his actions caused him concern for the community's safety.
The defendant's mother said her son had been "quirky" growing up and that he came home a different man after serving in the Army in Iraq. She said, "He's not violent, but it's like things overwhelm him." She said he is on the spectrum of Asperger's Syndrome.
Adam Brown said he had stopped at the BP Station with his 10-year-old son waiting for the boy's grandmother to pick him up. He said they got gas in his 1994 white Mustang convertible, then pulled it up in front of the pump to get in some shade because his son had some candy bars he did not want to melt.
He said he believed he was far enough away from the pump that someone else could get gas.
However, he said that Stuard pulled in behind him and was apparently upset that he was in the way. He said he got out of his car after Stuard said something to him.
He said he started back to tell the motorist that there was room for him to get gas. He said his son started back too, but he turned to tell him to get back in the car. The son then got down in the floorboard.
As soon as he turned back toward the man, he said he was shot in the face and knocked to the ground. He said blood began to run out of his mouth and he was later taken off in an ambulance.
He said he had several teeth knocked out and two bones in his mouth broken. All the bullet fragments are still in his mouth.
He said the driver of the other car slowly pulled away.
Detective Hank Ritter said someone got the tag number and he was able to trace it to the Stuard residence. He said Stuard came from out back of the residence and said, "He scared me. I shot him."
He said he had told the man near the pump "I can't get gas because of your a--."
Stuard said the man responded, "Get the f--- out of here" and came toward him. He said he thought the man, who was unarmed, was going to force his way into his vehicle.
Detective Ritter said Stuard, before going home, went to another gas station further south on Highway 27 and got gas. He then went to a comic store and bought a model and paint.
The investigator said, "He drove back by while we were at the scene."
Defense attorney Garth Best said the charge should be dropped to aggravated assault, saying it did not rise to attempted murder.
Prosecutor Lance Pope said Stuard had not called 911 for assistance to the shooting victim, and he said he had gotten rid of the gun. Stuard later took detectives to where he had thrown it off the Old Washington Bridge. Divers plan to look for the weapon.
The defendant's mother said her son helps care for her ill sister. She said, "He's really like a teenager, but in other ways he's like a man."
She said he had a gun carry permit and had the key to other weapons in his father's gun chest.
She said he had once hit a girl who defended a man who had stolen money from him while staying in his room.