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Courtroom tussle leads to assault claim

BELTON - A local attorney was involved in a courtroom incident Tuesday that could lead to misdemeanor assault charges being filed.

Jeff Parker said he did nothing wrong but the father of a client he represented says Parker assaulted him and he is filing charges.

The ordeal began as Parker was requesting he be released from representing Joshua Deanthony Bailey, who is accused of violating probation he received on a second-degree felony charge of burglary.

Parker told Judge Joe Carroll of 27th State District Court he wanted off Bailey’s case because on Dec. 17 Bailey’s father, also named Joshua Bailey, became upset during a meeting in his office and used his arm to sweep everything off Parker’s desk and threw a tape dispenser at him.

Parker said he called 911 during the incident but did not press charges against Bailey.

As Parker addressed Carroll, the elder Bailey came into the courtroom and Parker pointed him out to the judge. Within minutes Carroll agreed to remove Parker from the case, but as Parker went to exit the courtroom Bailey stood up and walked next to him.

Before the two could reach the courtroom doors, Bailey leaned over and appeared to whisper something to Parker.

In a statement given to deputies at the courthouse, Parker said Bailey threatened him.

In response, Parker stopped walking, turned toward Bailey and loudly said, “What did you say?”

The men briefly exchanged words before again heading toward the courtroom door, Bailey in front, Parker close behind.

At the door, the men appeared to jostle with each other.

“As he was going out the door, he stopped and we ran into each other,” Parker said later.

The men then began to dispute with each other more loudly, Bailey telling Parker not to touch him and Parker telling Bailey “Let’s take this outside.”

When the two reached the hallway a courthouse deputy met them. They were put into separate rooms and questioned.

Parker declined to press charges, but Bailey asked that assault charges be filed against Parker.

Several people in the courtroom gave written statements including a woman who was a witness waiting for another hearing to begin, and the deputy who was in the courtroom.

One witness described the contact between the two as minor and wondered about the appropriateness of a charge being filed.

Whether a charge is filed will be a decision for criminal investigators at the Bell County Sheriff’s Office. Spokesman Jimmy Lewing said incident reports are generally screened to determine if the elements of a crime were present.

Parker was an assistant attorney in the Bell County Attorney’s Office in 2003 and 2004. He has been practicing as a defense attorney here since leaving his post with the county.

The incident has made Parker rethink his client policies.

“My new policy is to not speak with family members of court-appointed clients,” he said. “I was doing my best to represent his son. I cut this guy a break (by not pressing charges to the earlier alleged assault) and then he continues to act like this.

“If this is the thanks I get, it’s not worth it.”

Parker said the December incident came about because Bailey was angry the state was not willing to offer his son probation.

Bailey was arrested in 2001 on assault and criminal trespass charges. The criminal trespass charge was dismissed. He received deferred adjudication on the assault charge and successfully completed a 12-month probation term.

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