A cyclist who had a truck swerve near him and an air horn blown near him, then was pepper sprayed has filed suit against the youths allegedly involved and a Marion County sergeant who wanted to bring charges against him instead of the youths.
The law firm of Massey & Associates filed the complaint in Hamilton County Circuit Court on behalf of Anders Swanson and Cathi Swanson against Marion County, Sergeant Tim Prince of the Marion County Sheriff’s Department; the teens who allegedly assaulted him on Raccoon Mountain: Taylor Sewell, Hudson Bledsoe, and Ryan Dinger; and the parents of each of the teens: Alvin Sewell Jr., Wendy Pedigo, Robert and Tammy Bledsoe, and Rodger and Karen Dinger.
Attorney Whitney Standefer said, "This case made the news last year because it revealed the willingness of Marion County to brush under the rug an intentional and aggressive attack on a local cyclist in a community which takes pride in its outdoor opportunities.
"Anders holds a Category 1 Racing License from USA Cycling. Raccoon Mountain was his regular training ground because it is out of the way of traffic. In fact, he had spent so much time on Raccoon Mountain that he met his wife, Cathi, up there. Until last year, the two of them spent each of their anniversaries at the same spot on Raccoon where they had met."
The complaint alleges that on Jan. 11, 2014, "Anders Swanson was training on Raccoon Mountain when he was almost run off the road by a truck driven by Taylor Sewell and had an air horn blown into his ear by Ryan Dinger. After which, Anders called TVA Security who in turn called the Chattanooga Police Department. While waiting for security to arrive, Taylor Sewell pulled up to him again. When informed that security had been called, Sewell swerved the truck at Anders and then whipped the back end of the truck at him too. Anders was forced to brace his hand against the back fender to push away. Sewell then sped off.
"Later, Anders noticed an SUV following him. The SUV, later learned to be driven by Hudson Bledsoe, would pass him, stop and wait for him, and then pass him again. This process was repeated several times. Eventually, Anders lost sight of the SUV and rode back to his car. He began to change his clothes and prepare to leave. It was around 5 p.m. and becoming dark. At this point, the SUV pulled into the parking lot where Anders was parked and blocked his car. Anders was wearing only spandex and his cycling shoes.
"Sewell leaned out of the SUV and asked, 'How’s it going?' Anders replied by asking if he was the same individual from the truck. Sewell responded that he was not, then pulled what appeared to be a water gun from inside the SUV and sprayed a solid stream of pepper spray into Anders Swanson’s eyes, nose, and mouth. Bledsoe then drove the SUV away.
"Anders has pre-existing asthma. Choking and blinded, Anders called 911 twice before help could find him. EMTs, Chattanooga Police Department, and Marion County Sheriff’s Department responded to the scene. Anders was informed that the TBI computers which cross-check license plate numbers was malfunctioning, so he turned to social media to help him identify his assailants. After being identified, the Chattanooga Police Department visited the homes of Taylor Sewell and Ryan Dinger where the two boys confessed in front of their parents. Sewell and Dinger also identified Hudson Bledsoe as the driver of the SUV. Then Marion County took over.
"Anders Swanson received a phone call from Sergeant Tim Prince of Marion County Sheriff’s Department wherein he was accused of three felonies, which do not exist. Sgt. Prince told him, however, that the parents of the teens would be willing to drop their charges against Anders if Anders would drop his charges against the teens. Anders is a rowing coach at GPS and feared for his job, but he did not take the deal.
"On Jan. 13, 2014, Anders and Cathi Swanson attended a meeting in Jasper, Tn., with Detective Gene Hargis of the Marion County Sheriff’s Department, Assistant District Attorney Julia Veal, and Dennis Howell of TVA. After Anders Swanson gave his statement concerning the incident, Anders and Cathi Swanson were informed that Taylor Sewell, Ryan Dinger, and Hudson Bledsoe had made a statement together earlier that day. Their statement was the same as the statement given by Mr. Swanson, except they were now claiming that Mr. Swanson had reached into the SUV with both hands. They claimed they had pepper sprayed Mr. Swanson out of self-defense. Det. Hargis and ADA Veal further informed the Swansons that the parents of the boys desired to press charges against Mr. Swanson.
"Cathi expressed disbelief that charges against Anders could be taken seriously in light of the previous confessions in front of the teens’ parents. Det. Hargis then told Cathi that charges would absolutely be taken seriously. He informed her that it would be the same as if she had punched herself in the face and then come to them claiming that Anders had hit her. Shocked by her victim spouse being painted as the aggressor and by the comparison made by Det. Hargis, Catherine Swanson had to excuse herself from the room.
"Like Sgt. Prince, Det. Hargis encouraged Anders Swanson to drop his charges.
"Anders Swanson later learned that the Sewells, Dingers, and Bledsoes had already sworn out warrants against him before his meeting on Jan. 13.
"After being flooded with calls and letters from across the country in support of Anders, Marion County charged Taylor Sewell with delinquent assault and violating Tennessee’s 3-foot law. Ryan Dinger was charged with making an unreasonably harsh sound. Hudson Bledsoe was not charged.
"In early April, both were convicted and sentenced in Marion County Juvenile Court to minor probation and community service hours. It was only at this point that the charges against Anders Swanson were expunged. The charges had been in abeyance throughout the criminal proceedings.
"This case highlights a story where an already horrible situation became a nightmare for the Swanson family simply by Anders doing everything right: training away from traffic and trusting the proper authorities after being attacked. Hopefully, bringing this case into the civil courts of Hamilton County will at last bring closure and justice to the Swanson family. Even more importantly, Anders and Cathi Swanson hope this suit will mean better protection under the law for the whole outdoor community."