Man accused of attempting to gouge out Chattanooga police officer's eye charged with assault

photo Timothy J. Hicks, 43, is charged with assault on police, resisting arrest, disorderly conduct and public intoxication after he allegedly assaulted a Chattanooga Police officer.
photo Richard Wetherbee is charged with disorderly conduct and resisting arrest after an incident at Track 29.

A man accused of attempting to gouge a Chattanooga police officer's eye and go for the officer's weapon was discharged from Erlanger hospital over the weekend and booked into the Hamilton County Jail, according to arrest reports.

Timothy J. Hicks, 43, faces charges of assault on police, resisting arrest, disorderly conduct and public intoxication after he fought with police officers as they tried to escort him out of Track 29, a music venue in the Chattanooga Choo Choo complex.

Hicks, who owns a construction company, was booked into the jail Sunday with a puffy, blackened left eye. He posted a $5,000 bond and was released.

Hicks, who has retained an attorney, declined to comment Tuesday. His next court date is Sept. 29 in General Sessions Court Judge Robert Moon's courtroom.

Police were dispatched to Track 29 on Thursday after Hicks became belligerent with security. When officers went to arrest Hicks, they encountered 43-year-old Richard Wetherbee, who refused to move, according to arrest reports.

Wetherbee grabbed Officer Daniel Cholota and refused to let him pass, the report says, and was shot with a stun gun by Officer Sean Emmer.

Hicks went after Emmer at that point, the report says. At the hospital, where both were taken after the struggle, Hicks told Emmer that he punched him because he stunned his friend, the report said.

Emmer had "mild scratch marks to his left eye and his contact was ripped out during the confrontation," the report said. Wetherbee was booked on charges of disorderly conduct and resisting arrest. He posted a $500 bond and will appear Sept. 19 before General Sessions Court Judge Clarence Shattuck.

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