DA may drop charges in assault at Davie fire

Man, 69, says he was hit by Taser during arrest

By: By Michael Hewlett | JOURNAL REPORTER
Published: October 10, 2008

MOCKSVILLE

A prosecutor has recommended dropping the charges against a 69-year-old man who authorities said assaulted a sheriff's deputy the night that his barn burned.

Harold Wayne Smith was charged with resisting arrest and assaulting a government official, but, on Oct. 1, Assistant District Attorney Ina Stanton asked that those charges be dismissed.

District Attorney Garry Frank said that Stanton took into consideration the fact that the assault happened during a highly emotional situation. Five horses died in the fire.

Frank said he will make a final determination on the case by early next week.

Authorities said that the assault happened Sept. 28 after firefighters and sheriff's deputies responded to a fire off N.C. 801.

According to an incident report written by Deputy J.H. Stephens III of the Davie County Sheriff's Office, Smith had yelled at deputies to stop his daughter from going into the barn.

Sgt. Kevin Barker stopped Smith's daughter, but as he was talking to her, Smith went toward the barn.

Barker told Smith that he could not go in there, the incident report said.

"To hell with you. This is my damn property. You ain't stopping me," Smith replied, according to the report.

Barker grabbed Smith, but Smith pulled away. Barker grabbed Smith's arm, and Smith bent back Barker's hand, the incident report said.

Smith kept trying to go to the barn, and Stephens grabbed Smith from behind, the report said.

Smith continued struggling, and Stephens forced him to the ground and ordered Smith to put his hands behind his back. Smith didn't and instead kicked at the deputies, the report said.

Barker warned that he would use a Taser stun gun if he didn't comply, the report said. Smith didn't comply, so Barker used the Taser.

After he was handcuffed, Smith was still struggling and trying to turn around, Stephens said in the report.

Smith told the Winston-Salem Journal last week that Barker shocked him with a Taser twice.

Sheriff Andy Stokes said that Barker shocked Smith once.

In 2002, Barker, 35, was fired from the Forsyth County Sheriff's Office after Bill Schatzman defeated Barker's grandfather, incumbent Ron Barker, to become the Forsyth County sheriff.

Smith said he wasn't running into the barn but was trying to warn firefighters about chemicals in the barn. He said that deputies had kicked him and had him on the ground so hard that he had trouble breathing.

Ed Powell, Smith's attorney, wasn't aware that prosecutors were considering dropping the charges until a reporter told him yesterday.

"Until the final determination is made, we would have no comment, except that Mr. Smith is absolutely innocent of all charges and we plan to vigorously defend him," Powell said.

He declined to comment on whether Smith plans to file a complaint against the sheriff's office.

■ Michael Hewlett can be reached at 727-7326 or at mhewlett@wsjournal.com.