Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, February 3, 1994 TAG: 9402030093
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
The prisoner created such a ruckus banging on the door and yelling obscenities that a judge in a courtroom upstairs heard the noise and ordered that Smith be quieted.
It is in describing what happened next that the Roanoke man's story differs from that of law officers.
Smith testified in federal court Wednesday that a gang of five deputies punched him in the face, kicked his ribs and shot him in the testicles with a stun gun while trying to restrain him.
Smith, 22, has filed a $1 million civil suit in U.S. District Court alleging that the deputies violated his civil rights by using excessive force.
The deputies, however, say they never kicked or hit Smith and used only as much force as was needed to control what they call one of the most violent prisoners they have ever dealt with.
"It was one of the worst situations I've been in since joining the sheriff's office," testified Tim Barton. "He kept up a fight right to the end."
Other deputies named as defendants in the suit, along with Barton, are Norman Hudson, Terry Martin, Kenneth Gray and Richard Hull.
A verdict in the two-day trial is expected today.
Prisoner lawsuits against law enforcement bodies are not uncommon, but most are dropped or dismissed before they reach court. In this case, though, Judge James Turk decided to let a seven-person jury make the final decision.
Smith - serving an 11-year prison sentence for a number of crimes including cocaine distribution, escaping from jail and assault - appeared in court Wednesday wearing prison-issued clothes and leg shackles. He did not hire an attorney, instead relying on the legal advice of John Patterson, a fellow inmate at Bland County correctional facility.
Barton told the jury that the 1991 incident began when he overheard Smith say he was "going to punch a deputy and make a run for it" when he got the opportunity.
Hudson and Barton, knowing Smith had escaped before, decided to place him alone in the small cell. The deputies called for backup when the prisoner ignored their repeated requests to be quiet.
"He was very hostile and violent," Barton said.
Barton admitted that the deputies wrestled Smith to the ground and grappled with him on the floor before they were able to get handcuffs and leg shackles on him. He denied that the deputies ever struck Smith in the face or kicked him.
Smith described a grislier scene, saying one deputy stood on his face and another dug a knee into his back before they eventually shot him in the testicles with a stun gun.
"My nose was bleeding, and my lip was busted," he said.
Kevin Blair, the attorney for the defendants, said deputies tried to subdue Smith by shooting his arm with a stun gun, but could not because he was behaving wildly. The deputies deny ever shooting Smith in the groin area with the stun gun.
Blair attempted to discredit Smith's testimony by pointing out inconsistencies between his testimony Wednesday and motions filed earlier with the court.
The defense attorney also pointed out that Smith still went to court immediately after the alleged beating and no one - including the judge - noticed blood on his face.
"Why didn't you tell someone right then what had happened?" Blair asked.
"I was upset and worried about my case," Smith responded.
by CNB