Man in jail for resisting arrest

Thursday, December 8, 2005

A Kansas City man will spend a little more than a week in jail after scuffling with officers investigating a shooting in September.

Antonio Marcus Smith, 20, was charged with possession of a controlled substance, assault of a law enforcement officer in the third degree and resisting arrest following an incident at Fitzgibbon Hospital on Sept. 27.

Smith pleaded guilty to all three counts, each a class A misdemeanor, on Dec. 7. Associate Judge Tut Bellamy fined him $500 for the possession charged and sentenced him to terms of 30 days in the Saline County Criminal Justice Center for each of the remaining counts. The execution of all but 10 days of the sentences was suspended and Smith was placed on probation for two years.

Court records show that Smith was first contacted by police at the hospital, where he had gone with Jason Payne, the victim of an accidental shooting.

The officers became suspicious when Smith's story about how and where the shooting occurred was inconsistent with other witnesses. A pat-down search was conducted and officers found a plastic bag containing marijuana in Smith's pocket.

After the discovery of the drugs, Smith bolted from the room with one deputy following him and second deputy taking a different route to intercept them.

The chase ended with a scuffle in the hospital lobby near an exit. Smith punched one deputy in the ensuing melee, knocking the officer's glasses off. The deputy continued to hold onto Smith, telling him to stop resisting.

Because Smith continued to resist, officers delivered two sprays of oleoresin capsicum, a type of pepper spray, into his face. Smith was then taken into custody and transported to the Saline County Criminal Justice Center without further resistance.

When questioned at the jail, Smith told officers that the marijuana actually belonged to Payne. He said he was holding the drugs because they believed Payne, who is facing other drug charges, was more likely to be searched.

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