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Before Morriss, C.J., Carter and Moseley, JJ.

OPINION

The turbulent scene in the Sunriser Diner began when a tearful, red-faced, Kitty Rowland dashed into the Sunriser and immediately headed for the ladies’ room. Soon thereafter, Randy Dale Barnett strolled into the diner and entered the men’s room. After both emerged back into the dining area, Rowland and Barnett settled into a booth by the front door and ordered coffee from waitress Lisa Dale Wagner. The ensuing argument between the pair was witnessed by Wagner and by diner cook Sandy Flynn and regular customer James Bryan. The argument escalated into more tears from Rowland and anger, threats, and verbal abuse from Barnett. When Bryan sought to verbally defuse the argument and threatened to call police, Barnett reportedly pulled a knife and threatened Bryan.

 
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