
According to court documents obtained by FOX59/CBS4, Thomas Smith faces the following preliminary charges:
- Aggravated Battery – Risk of Death (Level 3 Felony)
- Intimidation (Level 6 Felony)
- Resisting Law Enforcement (Class A Misdemeanor)
The investigation into Smith began on Wednesday when Muncie police responded to 907 S. Burlington Drive, the listed address for Brand Sheet Metal Works Inc., for a burglary report. While officers were en route, the Delaware County Dispatch advised that the caller was struck in his head with a vehicle cylinder. The caller identified Thomas Smith as the suspect in the case.
When police arrived, they learned that the victim resides within the fenced-in area of the property “with permission of the business owner,” court documents said. The victim recalled arriving at his home and bending down to put air into a lawn mower tire. He said he was then struck from behind with a “heavy object,” knocking him unconscious.
The victim proceeded to show police the object, which he identified as a Volkswagen cylinder head. He went on to state that after he was struck, his guard dog attacked Smith. The suspect managed to flee the scene on a blue moped after being bitten by the dog.
Police reported observing “dried up red fluid” around the victim’s left ear. They also documented a large laceration to the back of his head. He was soon transported to Ball Hospital for medical treatment.
EMS on the scene told officers that they had just responded to a call from Smith concerning a recent dog bite in the 2000 block of E. Memorial Drive.
As part of their investigation, police met and spoke with a witness. Court documents show that he corroborated the victim’s account. He recalled seeing a man police identified as Smith driving on a blue moped and acting “suspicious.”
The witness then described seeing Smith drive through the front gate of the property and start walking around. He then reportedly picked up a vehicle cylinder and recalled hearing the victim “scream out in pain” a short time later.
The witness said he walked over to the victim’s property and found the victim lying on the ground by a lawn mower. The victim was said to be “moaning and groaning” and appeared to be confused, court documents said.
When police detained Smith, they asked him if he had struck a man with a cylinder head. Smith said he did so because the man’s dog was biting him. When Smith was told that he was going to jail, court documents allege he began yelling and swinging his hands at police.
Smith then threatened to punch one of the officers in the face. The physical confrontation lasted for several minutes before three officers managed to cuff his hands to the bed in an attempt to calm him down.
Court documents also noted that Smith was chemically sedated because he was “consistently belligerent” with nursing staff.
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