GCPD lieutenant resigns amidst Colorado charges

9/19/2013

By ANGIE HAFLICH

By ANGIE HAFLICH

ahaflich@gctelegram.com

A former Garden City police lieutenant who was arrested in July in Colorado on domestic violence-related allegations, has resigned from his position with the Garden City Police Department.

David Earl Smith, 47, 2923 Terrace Place, was arrested July 27 in Chaffee County, Colo., and has since pleaded not guilty to charges of assault in the third degree, domestic violence and harassment, after allegedly physically assaulting a woman at the Monarch Mountain Lodge in Salida, Colo.

According to Garden City Police Chief James Hawkins, Smith resigned from the GCPD Monday.

Hawkins said that the GCPD was notified by the Chaffee County Sheriff's Office the date of the arrest.

"I won't speak to this specific case at all, but normally when any employee of the city of Garden City is arrested for anything, they are normally placed on administrative leave with pay, pending the filing of formal charges and then normally without pay, once formal charges are filed," Hawkins said. "That's the normal procedure for city employees when it comes to criminal charges."

Smith declined to comment about the incident.

Chaffee County Deputy District Attorney Rex Kindall said a motions hearing is scheduled for Tuesday on Smith's case, and a jury trial is scheduled to begin Oct. 31.

Chaffee County Sheriff's Deputy Jesse Cortese responded to the lodge at about 4:25 p.m. July 27. According to his narrative on the arrest affidavit:

After arriving on scene, Cortese said, several people pointed out Smith as the suspect.

Cortese described the woman as having a swollen, black left eye above the eyebrow, her eye was starting to become discolored and there was redness around her neck.

A witness, who happened to be a nurse, told Cortese she was concerned that the woman might have had a concussion and a possible fracture above her eye.

Witnesses told Cortese that they heard the woman being struck and thrown into walls in a room in the lodge, and that they also heard the woman being called derogatory names.

According to the arrest affidavit, Smith had no apparent injuries.

Smith was taken to the Chaffee County Jail and released on bond later that day.

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