Published: September 25, 2008 11:34 am      

Man consults attorney over warrant action; sheriff says proper procedures followed

While Laurel County Sheriff Fred Yaden contends his deputies followed department procedure in attempting to serve an arrest warrant, the homeowners have consulted an attorney to determine if they have any legal recourse.

Yaden said deputies Chuck Johnson, Daryl Zanet and Richard Sapcut went to the home at 3000 Mountain View Lane about 10 p.m. Sept. 12 to serve an arrest warrant on a Charles Robert Smith, who was reportedly wanted in Jellico, Tenn., for armed robbery and in Whitley County for damaging police cars as he was chased through Williamsburg in a stolen car. Even though the name, description and even the phone number, were the same, deputies learned it was not the Charles Smith listed on the warrant. However, not before the deputies forced Smith and his wife, Sheri, to lay face-down on the floor while they searched the premises.

The only other person in the home was the couple’s 5-year-old child, who was asleep and for which the couple said, thankfully, did not see the ordeal.

The Smiths said neither of them had ever been in trouble with the law.

Neither one of us has had more than a speeding ticket,” Robbie Smith said.

Though they tried to speak with officers in an effort to resolve the situation, asking to see the warrant, the Smiths said the deputies did not appear to be listening.

“We were not allowed to see it,” Robbie Smith said.

Yaden said that the deputies knocked on the door, identifying themselves as sheriff’s deputies as they spoke to the occupants through a cracked door. Deputies asked for the door to be opened, after which they made entry and secured the home.

“There was no physical assault,” Yaden said. “The deputies had the suspect and his wife lay on the floor, and officers went through the home to ensure no one else was there. That is standard procedure.”

The Smiths said they have contacted an attorney because they don’t want anyone else in Laurel County to go through what they did.

Yaden said the deputies are all veterans of law enforcement. He described their work as excellent.

“Priority one is officer safety,” Yaden said. “I don’t want my officers coming home with holes in them.”

Yaden said deputies received the information from Laurel Dispatch, taking more than a hour to confirm it by speaking to officials in Whitley County, Laurel County and Jellico.

In obtaining the information, Yaden said deputies were advised that the suspect was considered armed and dangerous. In that situation, it is standard procedure for multiple deputies to be at the scene.

“We are sorry this happened,” Yaden said. “We can only act on the information we have.”