A new surveillance video shows then-Florissant Police Detective Joshua Smith veer off the road and deliberately strike a fleeing pedestrian with his unmarked SUV. Smith then exits his vehicle, kicks the injured man on the ground and then strikes him with his fists twice before cuffing him.
The video was released by attorneys Jermaine Wooten and Jerryl Christmas, who have been retained by the victim. They claim the video is sufficient evidence to charge Smith with Assault 1st Degree and Armed Criminal Action.
Smith’s attorney Scott Rosenblum claimed the incident on June 2 was “simply an accident,” but this new video does not support that claim. Smith did not veer to avoid any obstacle. He veered away from the road onto a front lawn in an apparently deliberate attempt to strike the fleeing man with his vehicle, which can be classified as a deadly weapon.
Florissant Police Chief Timothy Fagen fired Smith but did not arrest him. Florissant Mayor Tim Lowery and the police department are the target of daily protests by the group Respect Us demanding that Smith be arrested and charged.
The charging decision lies with St. Charles County Prosecuting Attorney Tim Lohmar. The apparent assault occurred in the 9800 block of Eastdell Drive in Dellwood, which is in St. Louis County. But St. Louis County Prosecutor Wesley Bell assigned a special prosecutor on the case due to a conflict of interest. Timothy Swope, a Florissant police officer and the son of Tim Swope, Bell’s director of operations, was riding in the police SUV when Smith struck the fleeing man.
The American asked Lohmar if he will charge Smith on the strength of this new evidence. A spokesperson said it is an ongoing investigation but they “expect to have it wrapped up before the end of the week.”
The FBI confirmed to The St. Louis American that it is investigating the assault, as is the St. Louis County Police Department’s Bureau of Crimes Against Persons.
A different video of the apparent assault was first posted by Real STL news. Cop Blaster was the first to identify the assailant as Detective Joshua Smith.