McGee Sr. avoids jail time for pulling gun
The Southern Standard, by Duane Sherrill, 1/25/09

Appeals court allows father, son to get pre-trial diversions

After more than two years of legal wrangling and appeals, charges against a school board member and his father for an incident which saw the father pull a loaded gun on two local business owners will likely be set aside.

The Tennessee Court of Criminal Appeals has sided with both Gordon McGee Sr. and his son Gordon McGee Jr. regarding pre-trial diversions which were requested by both businessmen.

A pre-trial diversion means the suspect does not have to enter a plea before a judge. The charge is then dismissed if the person stays out of trouble for a set length of time, usually a year or two.

Prosecutors intend to appeal the pre-trial diversion in the case of McGee Sr., who is charged with felony aggravated assault. However, it will be up to the Tennessee Supreme Court to determine if it will accept the case for hearing. A decision is expected within 60 days.

The case against McGee Jr., charged with misdemeanor assault, will not be appealed to the high court and the first-term school board member will be granted the pre-trial diversion next month.

The McGees were charged for an incident in October 2006 involving an altercation inside Furniture Depot. The co-owners of the store, Steve Ray and Patti Davis, say the McGees started a fight and then McGee Sr. pulled a gun and held it on them until police arrived and disarmed him. During a preliminary hearing, police revealed McGee Sr. told them he pulled the gun because he has a pacemaker and was afraid if he got hit in the chest it would kill him.

While the cause of the fight has been up for debate, court papers reveal the bad blood between the McGees and the store owners may have dated back for months when one of the McGee children was told to stop climbing on furniture inside the store. After that time, the victims claim they were given "angry looks" by McGee Jr. and his wife when they were doing business at a nearby hair salon. The McGees deny the claim.

It was during one of McGee Jr.'s visits to the salon which sparked the fight as he reportedly parked his pickup in front of Furniture Depot. Ray threatened to have the vehicle towed if it was not moved prompting McGee Jr. to call his father, a call he maintains was made to get the phone number of the shopping center owner.

When McGee Sr. arrived a fight ensued just inside the front door of the store with
varying claims as to who threw the first punch. There is no argument that Gordon Sr. pulled at gun as a police officer testified he made the businessman lower his weapon at gunpoint.

While facing the charges, both men filed appeals saying they should have the right to pre-trial diversions. A pre-trial diversion is different from a judicial diversion in
that in a judicial diversion the person must enter a plea before the court. In the case of a pre-trial diversion, the person must not have served any time in jail and cannot be charged with more than a Class C felony.

In its ruling on McGee Jr., the appellate court agreed with the trial court, which
ordered prosecutors to give the school board member a diversion because he qualified. The special judge in the case, John Ashe, maintained prosecutors had wrongly refused Gordon Jr.’s diversion request, suggesting prosecutors held him to a higher standard because he is on the school board.

"My client was a good candidate for a pre-trial diversion under Tennessee law," said
McGee Jr.’s attorney Rick Stacey, noting he is happy with the decision.

Meanwhile, Judge Ashe rejected Gordon Sr.’s request for diversion. Prosecutors
believe granting such a diversion would send the wrong message to the public since he is accused of pointing a gun at two people.

However, the appellate court pointed out in ordering McGee Sr. to also get a pre-
trial diversion that he is obviously amenable to correction and has a background as a
solid member of the community where he is a respected businessman.

"I feel both gentlemen had good cases for pre-trial diversion," said John Partin, attorney for McGee Sr.

Both men have been free on bond since being charged with the offenses and both have offered to surrender their concealed weapons carry permits.

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