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Judge dismisses assault cost in opposition to ex-San Bernardino County deputy accused of kicking suspect

Judge dismisses assault cost in opposition to ex-San Bernardino County deputy accused of kicking suspect



After jurors introduced they have been deadlocked, a Superior Court judge dismissed an assault cost in opposition to a former San Bernardino County sheriff’s deputy who had been recorded showing to kick at a suspect’s head throughout an arrest in Victorville in 2021.

Corie Smith, in his early 30s, confronted one depend of assault by a public officer, a felony.

Smith’s lawyer, Michael Selyem, stated in an interview that jurors deliberated for 3 days on the Rancho Cucamonga courthouse and took three votes: The first was 6-6, the second was 7-5 for acquittal and the third was 7-5 for conviction.

“I’m not shocked,” Selyem stated. “My companion (Kasey Castillo) and I had stated that the perfect the district lawyer was going to get on this case was a hung jury. We thought from the start that the case ought to by no means have been filed.”

Judge Ingrid A. Uhler might have provided the San Bernardino County District Attorney’s Office a possibility to retry the case. She made her ruling on Friday, June 7, over the objection of prosecutors, stated Jacquelyn Rodriguez, a DA’s spokeswoman.

The alleged sufferer, Willie Jones III, stated at a information convention two weeks after his June 16, 2021, arrest that he was nonetheless having complications from the kicking that he stated knocked him unconscious.

But Selyem stated prosecutors couldn’t show that Smith kicked Jones.

Selyem stated Smith kicked at Jones twice, the primary kick lacking and with the second, it was “inconclusive” in surveillance photos whether or not Smith made contact.

The confrontation occurred at about 12:40 a.m. after a deputy tried to drag over Jones’ motorbike for Vehicle Code violations, a sheriff’s information launch stated. Jones led deputies on a pursuit till he ditched the motorbike close to a automotive dealership. Jones ultimately surrendered.

Video from a surveillance digicam obtained by the web site TMZ reveals Jones mendacity face down, bracing his higher physique together with his arms. Smith slowly approaches however then takes two fast steps and kicks at Jones. Jones rolls over barely and each arms are seen. Smith then kicks at Jones a second time.

It was unclear if the deputy left the division on his personal.

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