Probable cause warrants have been issued for a father and his two sons following an altercation between the family and man in the parking lot of El Jarocho Mexican restaurant on Gentry Avenue on Saturday, July 26, in Checotah.

Mark Ayers, 56, of Haskell; Christian Ayers, 26, also of Haskell and Perry Ayers, 28, of Checotah, have been charged with aggravated assault and battery.

As of noon Monday, they had not been arraigned.

According to a probable cause affidavit, the incident began before 8 p.m. when Dustin Lusk of Council Hill was leaving the parking lot and had an encounter with the Ayers family, who were also leaving.

As both vehicles stopped a heated argument ensued, harsh words were exchanged, and Lusk claims he eventually was attacked by the father and sons.

Officer Devan Mitchell said Mark Ayers claimed he was knocked down by Lusk which caused his sons to join the fight.

The Ayers were asked to come to the police department to make statements, but instead attorney Wesley Cherry was hired to represent them and to issue a statement on their behalf.

That statement said Dusk was backing out of the parking lot when the Ayers were about to pass.

The driver of the Ayer’s vehicle, Mark’s wife, honked her horn a couple of times and that precipitated a confrontation, according to the statement.

The statement said the Ayers claimed Lusk was drunk.

They alleged Lusk got out of his vehicle and attacked one of the sons and the father attempted to break up the fight at which point Lusk left.