DA: Evidence Warrants Attempted Murder Charges

Huntsville, TN (2011-10-31) An Oneida man that was charged with multiple counts of aggravated assault following a shooting over the weekend is now being held on attempted murder charges. A preliminary hearing in the case has been set on Wednesday.

Gregory D. Potter, 54, of Oneida was arraigned in Scott County General Sessions Court Monday morning following a weekend shooting that injured three people. During the course of the proceeding, District Attorney General William Paul Phillips informed Judge James L. (Jamie) Cotton, Jr., his office was filing an amended warrant in the case that would charge Potter with nine counts of attempted first degree murder. While the DA’s office hadn’t drafted the new warrant(s), General Phillips argued that the facts stipulated in the original warrants on charges of aggravated assault were sufficient to support charging Potter with attempted murder. Given Potter’s extensive criminal history, Phillips also argued his bond, which was originally set at $500,000, should be increased. While Phillips cited his overall criminal record, he offered that Potter’s recent arrest in Knox County on public intoxication and handgun possession charges should be weighed carefully in considering the amount of his bond—adding his possible release would be “an extreme issue of public safety”.

At the conclusion of the arraignment, Judge Cotton agreed with General Phillips, setting Potter’s bail at $1 million secure— $900,000 on the nine counts of attempted murder and $100,000 on the twenty-five counts of reckless endangerment.

On the original warrant, Judge Cotton also entered a not guilty plea to the nine counts of aggravated assault and twenty-five counts of reckless endangerment. Opining that Potter was indigent, Judge Cotton also appointed Dale Potter from the Public Defender’s office to represent him.

Around 9:30 p.m. Saturday night, authorities allege that Potter shot three people at a party being held at an abandoned chicken house at 1634 Bear Creek Road in Oneida. He is also accused of shooting at a vehicle on Bear Creek Road prior to going to the site of the party and at officers who tried to arrest him in the Low Gap community hours later.

According to Oneida Police Chief Daryl Laxton, Chris Marcum, Ben Cooper, and Dustin Hatfield, all of Oneida, were reportedly wounded following the shooting. The trio was among some 30 persons who had gathered to celebrate Halloween.

At the scene, Potter is accused of firing a high-powered rifle at Cooper, who was outside the building, and into the structure, resulting in injuries to Marcum and Hatfield. According to Chief Daryl Laxton of the Oneida Police Department, Potter allegedly encountered Cooper outside the structure and shot at him once, striking him in the neck. Potter then allegedly fired randomly into the structure. After the shooting started, Marcum reportedly went toward the entrance of the building. As Marcum neared the door, Potter allegedly fired the weapon toward it, striking Marcum in the chest. Hatfield was reportedly hit by a random bullet, resulting in only minor injuries.

Prior to the shooting at the chicken house, Potter allegedly shot at a truck down the street. According to a warrant filed by Investigator Blake Murphy of the Oneida Police Department, the bullet reportedly entered through the driver’s side window and exited through the windshield on the passenger side. The driver of the vehicle, identified as Wesley Cross, along with two passengers, identified as Wade Morrow and Colby Terry, were not injured.

After the shooting, a contingent of officers from the Oneida Police Department converged on the scene. After talking with eyewitness, authorities learned the shooter was allegedly driving a blue Ford Ranger, which authorities would later link to Potter. Furthermore, authorities learned from a nearby resident that Potter had been at her residence earlier in the day. At the time of his visit, he was driving a vehicle that matched the description given by eyewitnesses to the shooting.

Upon further investigation, authorities learned that Potter had complained to the Oneida Police Department on several prior occasions about the activities being held at the abandon chicken house.

After conferring with Scott County Sheriff Mike Cross, authorities learned Potter may have gone to an abandoned house in the Low Gap Community—reportedly his mother’s former home and a place where county authorities had arrested him in the past. Chief Laxton, Sheriff Mike Cross and Andy Lewallen of the Oneida Police Department went to the house, which was located at 890 Low Gap Road, in the early morning hours. Outside the home, the trio located a truck matching the suspect’s vehicle outside. As officers exited their vehicle, someone inside the residence fired a single shot toward them.

Over the course of the next hour, more officers continued to arrive at the scene. Eventually, Sheriff Cross talked Potter into surrendering. The suspect was taken into custody at 2:16 a.m. by Chief Laxton, Drug Agent Kris Lewallen, Sgt. Danny Phillips and Deputy Toby Hutson of the Scott County Sheriff’s Department.

After obtaining a search warrant, authorities reportedly recovered a Winchester 30-30 rifle, ammunition, and a spent shell casing from the house. According the arrest warrant filed by Murphy, the ammunition and spent shell casings found at the scene at Bear Creek were also for and from a 30-30.

Marcum and Cooper were transported from the scene to St. Mary’s Medical Center of Scott County and immediately airlifted to the University of Tennessee Medical Center in Knoxville. Marcum suffered the most traumatic injuries and reportedly underwent one or more surgeries to control internal bleeding. While Cooper’s injuries were serious, he is reportedly expected to make a full recovery.

A preliminary hearing for Potter has been set for Wednesday, November 2, 2011 at 4:00 p.m. at the Scott County Justice Center.