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Pair on trial over shooting incident involving Sevier County deputy

Sevier County Deputy Justin Johnson confronted the pair in December 2016 outside a mobile home. Johnson later resigned from the department.

A Sevier County couple is on trial Wednesday in connection with a chaotic 2016 confrontation with a deputy who appeared to suffer a mental breakdown and started suddenly firing his service weapon.

Brian D. Mullinax is charged with misdemeanor assault of the now former deputy, Justin Johnson. Tina Cody is charged with resisting arrest, according to the Sevier County Circuit Court Clerk's Office.

Their case is being heard in Sevier County Circuit Court.

Johnson's bodycam video, obtained by 10News, shows Johnson as he responded to a call the morning of Dec. 31, 2016, on Sharp Road in Sevierville.

He'd been dispatched there on a report of a "morbidly obese" woman living in a small camper on the property who had fallen and could not get up, according to records obtained by 10News.

More: Video shows deputy firing gun repeatedly

For several minutes, Johnson can be seen on the video speaking to the woman, who complained about the care she was getting from the trailer owner and the owner's daughter. She said the landlord was charging her $400 a month for the camper, which lacked numerous amenities including a stove.

Johnson's video also shows ambulance personnel at the camper.

At about the six-minute mark of Johnson's bodycam video, he spots a woman -- Cody -- outside running on foot from a nearby mobile home. He ordered her to stop but she kept running. Johnson reported to dispatch that he suspected she had an outstanding warrant.

Johnson ran around to the street and, with pistol drawn, confronted Cody. When she tried to flee, he chased her down, and she ended up on the ground in a field.

An EMT helped Johnson cuff her when she resisted. She cursed Johnson, who is black, calling him racial epithets.

As the struggle continued, a man could be heard off camera at a nearby mobile home. The man -- Mullinax, Cody's boyfriend -- appeared to curse and shout that he was "recording" the encounter.

Johnson, however, appeared to think otherwise. Suddenly, he aimed his pistol toward the mobile home and fired repeatedly.

In a Sheriff's Office incident report, Johnson said he heard the man yell out that he had a gun so he fired "in defense of my life." He added he saw Mullinax "aiming an object at me" from the mobile home porch.

As the EMT remained on the ground with Cody, Johnson ran back toward the road and turned around.

He told a radio dispatcher he needed help.

"I've got a guy with a gun! Shots fired! Give me help!" he said in the recording.

Johnson also yelled at Mullinax at the mobile home, ordering him to show his hands and get on the ground.

A woman at the mobile home could be heard saying, "We ain't got no gun."

Suddenly, about 12 minutes into Johnson's time at the scene, he begins groaning and moaning. An EMT sprang up, went to him, ordered him to hand over his pistol, which Johnson still had, and told him to get control of himself.

He also told Johnson he and the other EMT would help him. The man then pointed the gun at the mobile home.

Johnson appeared overcome for more than a minute but then finally grew more calm, telling the EMT, "I"m OK," and taking his pistol back.

He continued to breathe heavily, however, sometimes huffing and putting, the video shows.

According to Johnson's report, Mullinax dropped what he'd been holding -- not a gun -- in his hand. He put his hands in the air, moved to the ground and lay down.

A responding Sevier County officer walked up to Johnson, told him to turn the sound off on his bodycam and the screen went blank, the video shows.

Cody and Mullinax were arrested and charged, according to records.

Johnson subsequently left the Sheriff's Office, according to a department spokesman.

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