An outburst during a March court hearing in a murder case has resulted in a Grand Jury indictment.
23 year old Clay Andrew Bain of Lakeview Drive, Smithville was indicted Monday by the DeKalb County Grand Jury for disrupting a meeting or procession and two counts of assault. He will be arraigned on August 10 in criminal court.
The incident occurred at the end of a General Sessions Court preliminary hearing in the second degree murder case against 42 year old Anthony (Tony) Tyrone Crews, who is charged in the February 5th fatal stabbing of 28 year old Ashley Bain. The woman was found dead in the home she and Crews shared at 3870 Cookeville Highway, Smithville. Clay Bain is the victim’s brother.
As WJLE first reported at the time, after Judge Bratten Cook, II ordered the case bound to the grand jury, Bain stood up and walked toward the door as if to exit the courtroom. When Judge Cook asked him to return to his seat, Bain walked past where Crews was seated and took a swing at him with his fist, hitting Crews in the head. A deputy standing beside Crews, Sergeant Brian Williams, suffered an injury to his left hand as Bain was trying to get to Crews. After being hit, Crews, who was handcuffed, stood up and turned toward Bain but he was quickly grabbed by officers and taken out of the courtroom. Bain was also escorted out. During the outburst, others in the courtroom, believed to be members of the Bain family began shouting and yelling obscenities at Crews.
The assault charges against Bain are for his attack on both Crews and Sergeant Williams.
WJLE has obtained a copy of the indictment.
Count 1 alleges that “Bain, on March 26, with intent to prevent or disrupt a lawful meeting, procession, or gathering, did substantially obstruct or interfere with the meeting, procession, or gathering by physical action or verbal utterance, constituting the offense of disrupting a meeting or procession.”
Count 2 states that “Bain, on March 26, did knowingly cause physical contact with Brian Williams, and a reasonable person would regard the contact as extremely offensive or provocative, constituting the offense of assault.”
Count 3 states that “Bain, on March 26, did knowingly cause physical contact with Anthony Crews, and a reasonable person would regard the contact as extremely offensive or provocative, constituting the offense of assault.”