Deputy, city councilman Smith arrested by FBI on four charges

Putnam County Deputy T.J. Smith was arrested by federal agents Monday morning for allegedly using excessive force against citizens, the U.S. Attorney's office announced.

At a morning press conference in Indianapolis, U.S. Attorney Joseph Hogsett announced that Smith faces four counts of deprivation of civil rights under color of law.

TJ Smith

Federal agents arrested Smith, 37, of Greencastle, without incident at his South Locust Street home at approximately 7:30 a.m.

On Monday afternoon, he had an initial hearing at the U.S. Courthouse in Terre Haute before Magistrate Judge Craig McKee.

The alleged incidents took place near Moore's Bar, on West Stardust Road in Cloverdale, at Lazy Acres trailer park and at the Cloverdale Truck Stop.

The allegations contained in the indictment against Smith include:

-- His reported use of a taser against an individual after that person had already been restrained.

-- Reportedly punching another individual in the face after restraint.

-- Allegedly throwing another person on the ground after the individual had been handcuffed, and driving a knee into the person's back while secured, handcuffed and prone on the ground.

-- Reportedly throwing a female to the floor and forcing her outside of a truck stop, placing her face down into lava rocks in below-freezing temperatures without proper clothing and holding her down for an extended period of time.

A Department of Justice press release notes that law enforcement officials are subject to criminal prosecution "whenever evidence exists that they knowingly abused this authority and deprived individuals of their constitutional rights. Such acts of misconduct, known as acts committed under 'color of law,' include allegations of excessive force."

"Our message has been consistent over the last year, but bears repeating today: it doesn't matter to me what your politics are or what position you hold in your community," U.S. Attorney Hogsett said. "If you violate the public trust, our Public Integrity Working Group will find you, will investigate you and the U.S. Attorney's Office will then prosecute you to the fullest extent of the law."

Besides his capacity as a sheriff's deputy, Smith is also a two-term member of the Greencastle City Council, serving the Fourth Ward.

According to Assistant U.S. Attorneys Bradley A. Blackington and MaryAnn T. Mindrum, who are prosecuting the case for the government, Smith could be sentenced to up to 10 years in federal prison for each count, and could also face significant fines and federal supervisionfor up to three years once he has served his prison term.

In federal court Monday, Smith was escorted by two U.S. marshals, clad in a gray hooded sweatshirt and jeans, shackled hand and foot. He spoke little in court, nodding slightly and giving only one- or two-word answers to Judge McKee's questions.

No plea was entered, with defense attorney John Tompkins waiving a formal reading of the four counts and a formal arraignment.

Smith will remain in federal custody until at least Thursday, when a pretrial release hearing is scheduled for 11 a.m. Federal prosecutors advised they would like to keep Smith in custody through trial.

"We're moving for detention based on dangers to the community," Blackington said.

In a press conference following the hearing, Blackington elaborated on this stance by the prosecution.

"Mr. Smith was not restricted in any way by the Putnam County Sheriff's Department. They knew about the investigation a month ago and didn't take any action to maybe suspend him to desk duty or something else," Blackington said. "So as of this moment, he has full law enforcement arrest authority and the authority to carry a firearm.

"It's our position that that makes him a danger to the community and he needs to be detained."

The sheriff's department has now taken action, with Sheriff Steve Fewnick issuing a statement Monday that he has suspended Smith. The matter will be further reviewed by the Sheriff's Merit Board.

"The Putnam County Sheriff had no communication with federal law enforcement authorities during the course of their investigation and has had no communications as to what charges were filed against Deputy Smith," Fenwick's statement said.

Smith is scheduled for a Monday, April 28 jury trial in federal court.

In nearly three years as a deputy, Smith has been one of the leaders in a big increase in driving while intoxicated arrests by the Putnam County Sheriff's Department.

In 2011, Smith's first year as a deputy, he was named the sheriff's department's Deputy of the Year.

In a January 2012 Banner Graphic profile of Smith, he discussed his motivation for the high number of DUI arrests he made. His younger sister was killed by a drunk driver in 1995. The accident also seriously injured his mother.

"I think about it all the time. It makes you feel good inside when you find out the person's intoxicated and you take them off the street," Smith said. "For one thing, you're saving their life and then possibly somebody else."