Gary,

This is my version of what happened, which can be verified by interviewing my witness: Tommie Waldner of Kennesaw Transportation. You will see a great difference between my story and theirs (which could be expected). *All approximate times are indicated by the word "about". All other times are exact according to the records supplied, we are still waiting for some of these "time" records, and will forward them to you when we get them ** all times are in EASTERN TIME I arrived at the Resaca, GA. Flying J Travel Center about 5:30pm 12-9-97.

I pulled into the fuel island to fuel and put on 180.000 gallons of fuel. I used the card-reader to pre-authorize fuel with my MasterCard. I then pulled forward far enough to let another truck to fuel, and went inside to sign for the fuel. There was a line at the fuel desk, so I went to the phone area to call home. (5:48 pm) There was no answer, so I went and signed for my fuel. After that, I went to park my truck so I could eat. I drove into the parking area and immediately was stuck among other trucks, whose drivers were either trying to get into the parking area, or trying to get out of the parking area. There were NO parking spaces available. (Which is common after dark at this particular truck stop) I circled the parking area twice, then parked between two other trucks that were parked (in a NO-PARKING area) adjacent to the fuel island, and went in to eat dinner.

This was about 6:20 pm. Shortly after I ordered dinner, the fuel desk began paging the drivers of the trucks parked in the NO PARKING ZONE. (There were 8 trucks parked in two zones) The third time I was paged, I went to the fuel desk to explain I was still waiting for my dinner, and because there were no parking spaces available, I would move after I ate. The lady at the fuel desk asked me (in a condescending tone of voice) "are you one of the drivers we've been paging?" I said yes. She said "you move your truck NOW, truck driver, because we have a tow-truck here NOW, and if you don't we will tow the mother-fucker" I should note, that I do not like being talked to in this manner (as I am sure no one else does). This DID make me angry, but I did NOT get out of control. (I began walking back towards the restaurant, to return the cordless phone I was carrying)

As I walked away, I said "you don't have to worry about towing my truck, and if you touch my truck, I will sue you" (at one point, since I was walking away from her, I was yelling, but I was not using profanity -YET) I had to walk back through the fuel desk area, as I did, I stopped at the fuel desk and asked her "bye the way, what was your name?" She pointed to her name badge, saying (in the same condescending voice she had used before)"here it is, TRUCKDRIVER, can you read?" I said, "yes, T-A-M-M-Y spells bitch" At this point, she began SCREAMING at me, telling me to leave now, because she was going to call "the cops" and get me arrested. I told her "no problem" and was on my way outside the door.

As I was walking out the door, an employee who had some kind of 2-way radio in his hand, and who was requesting help from someone on the radio followed me. I turned to him, and told him I was leaving and he could just go back inside. I turned and again started walking toward my truck. I got about 1/4 the way across the fuel island area, when I heard several people running up behind me. As they got behind me, I heard one of them say to me "you can fucking leave NOW, truck driver" I turned and saw that there was four persons standing behind me. I said to them "you don't have to worry, I AM leaving."

I again turned away and again started walking toward my truck. They kept following me, shouting at me to leave, and one of them began pushing me from behind (hurrying me along), saying "get the fuck out of here NOW truck driver" I again turned toward them and told them that I WAS leaving. This happened once or twice, until I turned and asked them "Why are you following me?" One of them replied "because we are going to get the name of your company off your fucking truck, call them tomorrow and get you fired". I then turned to the person who said that (he was the one who punched me), and said "you stupid motherfucker, you can't get ME fired, I OWN the company".

When I again turned and started walking toward my truck, they again began pushing me from behind and yelling at me to leave, but when this happened, I began stopping and turn to them and YELL " keep your fucking hands off me". (I knew that I was going to walk between two trucks, was afraid for my safety, and wanted to attract as much attention as possible) This again happened three or more times before I walked between the trucks.

As I walked between the trucks, they began escalating their assaults on me. After I walked approximately 15 feet, someone pushed me real hard from behind, and as I turned, two of them grabbed both my arms, the one on my right twisted my (right) arm clockwise, palm-up and jammed my arm up between my shoulder blades, fracturing my elbow in two places. It was then that the young kid punched me three times in the left eye, knocking my glasses off and breaking them. They then spun me around and pushed me face first into the trailer next to mine. One of them kicked me behind my right knee, causing my knee to buckle. (I suffered a serious injury to this knee in 1994, and have been fighting since then to force a past employer to pay for surgery, which I have not yet had)

I fell to the ground, in a kneeling position, with two of them holding my arms behind my back, and one of them had me in a chokehold. They then pushed me forward, so I was face down in more or less a kneeling position with two of them practically sitting on top of me, making it very difficult to breathe. I heard one of them then calling the police on what I think was a cellular phone. It was at this time, I began to be seriously fearful for my life, knowing that many people are strangled to death like this, even by Police officers. I began to plead with them to let loose of my neck, they did. I still had problems breathing, because they still had me face to the ground in a kneeling position and two of them were still practically sitting on me. I asked them to get off of me; they pulled me forward, so I was face down in the prone position.

When they did that, I saw my glasses and my pager (which had come out of my shirt pocket). Both were broken. I said "you broke my glasses, you broke my pager". One of them said "wrong, motherfucker, YOU broke your glasses, YOU broke your pager". I said, "You broke my arm". The same person as before "wrong, motherfucker, YOU broke your arm"

I was held in this position till the Sheriffs Officers got there. Upon their arrival, the Flying J employees told the officers that I had created a disturbance, and refused to leave. The employees let me up, and as I got up, Deputy Brown reached for my right arm, and began to put handcuffs on me. I grimaced, and told him that "they" broke my arm. He took the cuffs off. Deputy Brown then asked me how my eye got blackened. I pointed out one of the employees, and said, "he punched me three times".

At that point, one of the employees claimed I was only punched in self-defense, and I had struck him in the face. Deputy Brown shone his flashlight in that person's face, asked where, then stated "you don't look hurt to me". I gave the deputy my story, the other driver gave them his story, and the Flying J employees gave their story. I was transported via ambulance to the hospital.
After treatment, I was taken to the Gordon County Jail to give a statement to Detective Daniel Morrison. After that I was taken back to my truck, and I drove to Chattanooga TN, where I got a motel room and waited for another driver (we hired) to fly down.