CHARLOTTE, NC (FOX 46) - The case against three men accused of attacking NASCAR driver Mike Wallace and his daughter at a concert this summer came to an early conclusion Wednesday.
The judge declared a mistrial and two men now face civil contempt of court charges. They are scheduled to appear in court next month.
More than 4 hours of testimony that was heard Tuesday is now in-admissible after Judge Ronald Chapman declared a mistrial for Paul Lucas, Nathan Lucas, and Randolph Mangum. They are accused of attacking Wallace and his daughter following a Rascal Flatts concert at PNC Music Pavilion this summer.
“We are very confused and very disappointed that there is a mistrial,” Mike Wallace said.
Wallace left the Mecklenburg County Courthouse devastated. He, along with several other witnesses, gave their testimony Tuesday. It’s who may have been in the courtroom during those eyewitness accounts, that led Judge Chapman to declare a mistrial.
In court Wednesday morning, the defense alleged two potential witnesses heard at least a portion of the testimony during proceedings Tuesday. This, after a warning from the judge said all involved parties needed to leave the courtroom.
“Here is a chance where the court can show there is transparency and that will really mean something. I am going to enforce it regardless of the consequences and inconvenience, costs, the time everybody wants this case heard,” said a defense attorney.
The prosecutors in the case disagreed.
“A mistrial is way too far. They have not testified. We don’t even have evidence they are being prejudice to the defendants,” said one of the prosecutors.
After a 90 minute recess, Judge Chapman ruled the case a mistrial and charged the two men with civil contempt of court. The judge said what happened in court Tuesday was too much to let pass.
The two men have a hearing scheduled for November 7, 2016 and could face a fine, 30 days in jail or pay the court costs for the mistrial.
As for the original case, Mike Wallace they are hoping for a retrial.