Knoxville Attorney Cited for Assault at McDonald's

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Knoxville (WVLT) - A prominent Knox County defense attorney is facing an assault charge after an incident last night on the Cumberland Avenue Strip.

Herb Moncier says deputies were waiting for him this morning in court, with the citation in hand.

The legal fight between Moncier and Sheriff Hutchison has been well-documented.

Moncier was the lawyer in Wanda Moody's lawsuit against Sheriff Hutchison, just one of several he's filed against Hutchison.

And earlier this year, Moncier argued that term limits should also be applied to Hutchison.

But did that play into the decision to charge Mr. Moncier?

Herb Moncier tells WVLT Volunteer TV News he's upset because the incident happened in the city, the report was filed with KPD.

They didn't issue a citation, but the Sheriff's Department did, saying he elbowed a McDonald's employee in the chest after he didn't get his food in time.

"I had been in the waiting line for over 30 minutes. I was blocked in, I tried to get people's attention," Moncier says to a 911 operator.

After 30 minutes at the Cumberland Avenue drive through, Herb Moncier tells the 911 dispatcher he needed to get home to his disabled son.

"Finally an African American woman came to my window. I asked for my money back and she started cursing me," Moncier says on the 911 tape.

That's when Moncier says he went inside McDonald's to get his $4.37 back from his four double cheeseburgers. He says the manager pointed him to the customer service phone number on the door.

"I picked up a piece of paper, went to the door, wrote down the number on the door. I then got my money back," Moncier continues on the tape.

Moncier says trouble started with the employees when he got in his car to leave.

"They were grabbing at me and striking at me through the window of my car, screaming this was their work schedule, of course I didn't know what it was, but I got out of there. I just floored it and left," Moncier explains to the dispatcher.

After that, the drive-through customer in front of Moncier called 911.

"His name was Herb Moncier and he's a lawyer," witness Lee Draft tells a 911 Dispatcher.

"Oh, Okay," the Dispatcher says.

"They were wanting to get that schedule from him. I said, step back, I'm calling the police. Don't worry about it," Draft said to the dispatcher.

As he was driving off, Moncier says he realized he wrote the customer service number on the back of some type of work schedule and had a KPD officer return it to McDonald's.

Moncier filed a police report, and KPD interviewed McDonald's employees, and issued no assault citations, but the Sheriff's Department issued Moncier a citation for assault at 12:45 a.m. Tuesday morning. Moncier responds.

"It now appears Sheriff Department employees spent their time into the early morning hours preempting a KPD investigation of a matter that occurred in the city."

Sheriff Hutchison released a statement on his website which said deputies responded because they were nearby when the call came out. Therefore, both KPD and his deputies issued a report.

Moncier tells WVLT he was served his citation when he showed up to work this morning, but the Sheriff's Department says as of four o'clock Tuesday, Moncier had not turned himself in.

We're trying to get a hold of Moncier to clear this up, we'll bring you more details as they become available.