Wood County constable subject of federal indictment

Posted 11/17/22

Kelly Jason Smith, 46, Wood County Precinct Two constable, was indicted by a federal grand jury in Sherman Thursday, Nov. 10 for deprivation of rights under color of law.

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Wood County constable subject of federal indictment

Posted

Kelly Jason Smith, 46, Wood County Precinct Two constable, was indicted by a federal grand jury in Sherman Thursday, Nov. 10 for deprivation of rights under color of law.

A news release from the Eastern District of Texas federal court stated: “According to the indictment, on July 25, Smith, the Wood County Precinct 2 Constable, directed his police dog to bite a suspect who did not pose a threat that warranted use of the police dog. These actions resulted in unnecessary bodily injury to the suspect.”

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Brit Featherston for the Eastern District of Texas and FBI Acting Special Agent in Charge James J. Dwyer made the announcement.

The FBI Dallas Field Office is investigating the case which is being prosecuted by Assistant U.S. Attorney Tracey Batson for the Eastern District of Texas. 

If convicted, Smith faces up to 10 years in federal prison.

Smith’s attorneys, Cody Skipper and Toby Shook, released a statement defending Smith’s actions: “Constable Smith, a 25-year police officer and U.S. Marine veteran, did not commit any crime. He was merely doing his job and apprehending an extremely violent individual named Robert Evans, who had four outstanding fugitive warrants, including felony injury to a child, family violence domestic assault against his wife and evading arrest.

“Evans barricaded himself inside his trailer home, failed to comply with officers’ commands and refused to surrender to the authorities. Constable Smith sustained a broken finger and a knee injury during the incident, and his actions were all in compliance with K-9 handler standards. This case will be tried to a jury, and we look forward to presenting his defense to the good citizens of East Texas.”

Robert Charles Evans, 34, of Hawkins was booked into the Wood County jail on July 26 and released on bond Aug. 16.

He faces charges of injury to a child-bodily injury, assault causes bodily injury family violence (two counts), interference with police service animal-injury, evading arrest or detention, and resisting arrest or detention.

Smith was first elected constable in 2016 and was reelected unopposed in 2020. He previously worked for the sheriff’s department.

He became a canine handler during his first term for drug detection and tracking/rescue.