Disorderly Conduct Charge Against Prominent Lawyer To Be Dismissed

"The Insider" John McMahan Avoids Hearing

Thursday, February 24, 2005

A disorderly conduct charge against an attorney who advertises himself as "The Insider" will be dismissed, a prosecutor said.

Assistant District Attorney Larry Ables said the case in which attorney John McMahan was charged was passed on his good behavior for 30 days. It will be dropped if he has no further charges during that time.

McMahan appeared in the courtroom of General Sessions Court Judge Clarence Shattuck on Thursday morning. Judge Shattuck said he was recusing himself, and he said the other three General Sessions Court judges were doing so also.

He noted that attorney Russell King was sitting as a special judge down the hall, and he asked prosecutor Ables if he was willing to let him hear the case. The newly-hired prosecutor said, "Who's Russell King?"

The prosecutor then huddled with McMahan's law partner, Brent Burks. They came back out and told Judge Shattuck the case was being passed on good behavior.

McMahan, 53, was arrested in November after he had a run-in with a parking enforcement officer outside his High Street office.

Officer J. Wagnon was on bicycle patrol when he said he heard loud yelling coming from the 400 block of Georgia Avenue. He said he found the attorney in front of police service technician L. Williams yelling loudly, "Go ahead and write the ticket. This is my property."

The report says McMahan was standing about three feet from the meter officer "pointing his finger at her in an aggressive manner."

Officer Wagnon said he and another officer approached and asked McMahan to lower his voice. But he said the attorney pounded his fist on his car and continued to yell loudly.

By this time, several people were looking out their windows to see what was going on, it was stated.

The officer said when McMahan refused to lower his voice and caused a disturbance that he started to place him under arrest.

He said when he asked McMahan to turn around and place his hands behind his back, he said, "No, I won't."

The officer said after he again refused, the officers reached to handcuff him and he tensed up and momentarily resisted.

The report says after he was handcuffed that McMahan began yelling in a loud voice, "I am going to sue you. I want Mayor Corker, the city attorney, Shelley Parker, Mike McMahan out here."

He repeatedly stated he would "walk home from jail" and "that will increase the damages."

The officer said when he told the attorney to get in the patrol car, he began stomping his feet and yelling, "No, I will not get into the car." Officers said he finally got in.

The officer said he detected an odor of alcohol on the attorney.


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