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Suspect Arrested After Standoff, Charged With Assaulting Law Enforcement Officer
July 8, 2021
A suspect has been arrested after a standoff with law enforcement in Escambia County Thursday morning, and he is charged with assaulting a state trooper.
About 9:45 a.m., a Florida Highway Patrol sergeant attempted to conduct a traffic stop on a motorcyclist in the area of Mobile Highway and Massachusetts Avenue, for multiple traffic violations. Although the traffic stop was unsuccessful, the sergeant was able to locate the motorcycle at an apartment complex at 2702 Massachusetts Avenue.
The trooper attempted to make contact with the rider and was unsuccessful. The motorcyclist barricaded himself in the apartment, leading to multiple units from the Florida Highway Patrol and Escambia County Sheriff’s Office to
responded to the scene.
At approximately 11:03 a.m., 32-year-old James Marvin Smith, Jr. was taken into custody without further incident. Smith was charged with aggravated assault on an officer, and fleeing and eluding.
Comments
5 Responses to “Suspect Arrested After Standoff, Charged With Assaulting Law Enforcement Officer”
784.011 defines an “assault” as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” 784.021 defines an Aggravated assault as an assault with a deadly weapon with or without intent to kill OR “With an intent to commit a felony”. 316.1935 indicates among other types of fleeing and alluding police, “Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree”.
I’m not a lawyer – but it seems a verbal threat is sufficient to meet the aggravated assault in some cases.
@Molino resident, I agree that the assault charge doesn’t make sense or not all the facts are being presented.
Not to say he isn’t guilty but the report says ARRESTED WITHOUT FURTHER INCIDENT. Where did the aggravated assault occur? The only other thing mentioned was that he barricaded himself inside the apartment.
He attempted to harm a LEO , multiple traffic violations., = PRISON
HTO.. He’s going to do some time.. And lose the bike if his name is on the title.
Some people never learn..