NASCAR: Mistrial declared in Mike Wallace assault case

A mistrial was declared Wednesday in the case against three men accused of assaulting former NASCAR driver Mike Wallace after the judge learned two potential witnesses violated a sequestration order and heard opening testimony.

The District Attorney's Office said prosecutors will retry the case against Paul Lucas, Nathan Lucas and Randolph Mangum, who are facing misdemeanor charges for allegedly assaulting Wallace and his daughter Lindsey after a Rascal Flatts concert at Charlotte's PNC Amphitheater in June. All pleaded not guilty before the start of the trial.

According to Wallace, he and members of his family were leaving the concert when they were attacked by a group of several people in the parking lot, knocking Wallace unconscious and causing injuries to his mouth, nose and eye. He required several stitches and lost three teeth. On Facebook, he posted that he sustained a concussion. According to the police report obtained by USA Today Sports in June, the victims "were kicked and punched several times in the head, face and stomach by the listed suspects following a verbal altercation."

Before the trial began on Tuesday, Mecklenburg County Judge Ronald Chapman instructed that witnesses not be allowed in the courtroom until after they testified. But two possible witnesses –Wallace's friend Robert Wood, who allegedly took part in the fight, and Joshua Bluchar, an amphitheater employee – sat through some of the opening testimony. An assistant district attorney learned of the situation and alerted defense attorneys, who deliberated before calling for the mistrial on Wednesday.

Wood and Bluchar are charged with civil contempt of court and will face Chapman for a hearing next month, the Charlotte Observer reports.

"These were not incidental witnesses," defense attorney George Laughrun told the Observer. "Judge Chapman, as tough a decision as he faced, absolutely made he right call."

Wallace told WSOC-TV: "We are very confused and very disappointed that there's a mistrial. We don't understand it and all that we can hope is that we have an honest day in court."

Wallace was among the witnesses who testified on Tuesday before the trial was stopped. He said two carloads of his family and friends were directed to their VIP parking spot by one of the defendants. According to the Observer, Wallace testified he saw the same man struggle to leave the amphitheater amid the post-concert crowd and directed a comment toward the man and a large group near the Wallaces' cars, which prompted a second man standing in a pickup truck – identified as Lucas – to scream at Wallace and his group to "get out of here."

"If 10 is at loud volume, he was a 20," Wallace said. "I looked up and said, 'What's wrong with you?"

Wallace testified that was the last thing he remembered before being hit in the face.

Witness Niki Melton, who said she knows the Wallace family, testified she came to Wallace's aid and was holding Wallace's head in her lap when a boot hit Wallace in the back of the head.

Assistant District Attorney William Biggers asked Melton what Wallace said when he awoke.

"Am I allowed to cuss in here?" Melton asked Chapman. When he said yes, she repeated what Wallace told her. "We need to get that little m*****f*****."

Under cross-examination, the defense argued that Wallace was a principal in both the disagreement and the fight. Wallace admitted to drinking several vodka and Diet Cokes and to using medications that were not to be taken with alcohol. When Wallace was presented with a video, he said he didn't recall what was being shown on tape, leading defense attorney Kenneth Swain to press if his lack of memory was caused by "how much you had to drink?"