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Prosecutors allege pattern of 'egregious' behavior in Smith case
TERRE HAUTE -- Egregious.
The word came up again and again as federal law enforcement officials discussed the case against Putnam County Deputy and Greencastle City Councilman T.J. Smith on Monday.
In his capacity as a deputy, Smith is accused of deprivation of civil rights under color of law on four different occasions over a 26-month period.
The alleged crimes were repeated. And they showed a pattern, authorities said.
U.S. Attorney Joseph Hogsett explained how difficult police brutality cases are to investigate and prosecute because they are usually isolated events.
"What makes this particular set of circumstances so egregious in our opinion, according to the indictment, is the repetitive nature of these instances, the reoccurring aspect," Hogsett said. "We're not talking about a very short period of time. Actually, we're talking about over a two-year period of time, dating back perhaps as far as 2011."
Hogsett added that the repetitive nature of the accusations, coupled with a number of witnesses in at least one case, make the charges against Smith different.
"This is not an isolated 'he said, she said' circumstance," Hogsett said. "This is, minimally, four instances -- one of which occurred at a truck stop. I dare say it was not just a victim and law officer at the truck stop. There were many other witnesses there, as may well have been the case in these other instances as well."
A three-year veteran of the sheriff's department deputy division, Smith, 37, of Greencastle, was arrested Monday morning and appeared in federal court that afternoon.
He faces four counts of deprivation of civil rights under color of law, each of which, if convicted, carries a maximum sentence of 10 years and a possible fine of up to $250,000.
During the proceedings at the U.S. Courthouse in Terre Haute on Monday, Assistant U.S. Attorney Bradley Blackington, who will prosecute the case along with fellow Assistant U.S. Attorney MaryAnn Mindrum, requested that Smith remain in federal custody for the remainder of the case, citing concern for community safety.
While stopping short of making accusations against the sheriff's department, Blackington hinted that the department's course of action regarding the case was a factor in making the detention request.
"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.
Putnam County Sheriff Steve Fewnick took action on Monday, as he released a statement saying Smith is suspended pending further action by the Sheriff's Merit Board.
However, Fenwick also said in the statement that his department had no contact with federal authorities during the course of the investigation.
Blackington discussed a four- to five-month investigation that began with an anonymous tip to the FBI and culminated in Monday's indictment. He would not say whether further charges against Smith or anyone else in the department were pending.
"In cases like this, very often people assume that an indictment's the end of an investigation. In some cases, an indictment's just the beginning of an investigation," Blackington said. "I'm not going to say which it is in this case, but very often these cases continue."
Commenting on the case and his agency's investigation, FBI Special Agent in Charge Robert Jones spoke of the public trust placed in law enforcement, including men like himself as well as Smith.
"While it might be utopian to think that any government operates without inefficiencies and shortcomings, most citizens still expect that their police officers adhere to a level of responsibilities in all their duties, especially those involving the use of force," Jones said.
The special agent conveyed a sense of personal disappointment when these high standards are not met.
"No citizen should fear the excessive use of force by those we trust to maintain order," Jones said. "While we may expect misbehavior in the criminal segment of society that has little respect for the law, from those who have no respect for the rules that govern a functioning community, we certainly do not expect this from elected officials or law enforcement officers in whom we place our trust."
Although officials have reiterated that the alleged misconduct took place only in Smith's capacity as a deputy, Hogsett also indicated that Smith's position as a city councilman also weighed heavily on the minds of investigators and attorneys as they pursued this case.
"This is," Hogsett said, "a matter of repeated, egregious conduct on the part of a public official who serves not only as a law enforcement leader and a deputy sheriff in the Cloverdale, Greencastle, Putnam County community, but also frankly serves in an important role as a city council person in the city of Greencastle."
An 11 a.m. Thursday, March 13 detention hearing is scheduled to determine if Smith can be released from federal custody as he awaits his Monday, April 28 jury trial.
For the time being, Smith remains in federal custody.