Copyright 2006 Lancaster Newspapers, Inc.
Autopsy on New Holland man inconclusive
By BRETT LOVELACE
Intelligencer Journal
LANCASTER, Pa. — Police twice shocked a 45-year-old New Holland man with a stun gun before he died Tuesday following a violent struggle with officers and parole agents, according to the Lancaster County district attorney.
Curtis Lee Smith, who was on parole after being released from prison last year, fought with two New Holland Borough police officers and three Pennsylvania Board of Probation and Parole agents inside an apartment at 66 Ashlea Village.
An autopsy Wednesday was inconclusive, District Attorney Donald Totaro said in a statement. The only injuries on the body were minor bruises and contusions caused by the violent struggle.
Toxicology results to determine whether Smith was under the influence of drugs won’t be available for several weeks, Totaro said.
A bag of white powder was found in the apartment.
“Evidence of drug use was found in Mr. Smith’s room, and his conduct suggests the possibility he was under the influence of a controlled substance,” Totaro said. “It is anticipated that toxicology results results will shed light on the cause of death.”
The fight erupted shortly after 12:40 p.m. Tuesday.
Parole agents Damien T. Mscisz, Tracey L. Hill and Jay S. Williams were headed to Ashlea Village because Smith’s grandmother, Mary Kathryn Smith, called them for help.
Mrs. Smith was concerned for her safety because she said her grandson was “acting in a very strange manner and she feared for her safety,” Totaro said.
While on the way to Ashlea Village, one of the parole agents called New Holland Borough police for assistance.
Officers George McLaughlin and Jed Custer arrived at the apartment before the parole agents.
They made contact with Smith and noticed he was sweating profusely.
The parole agents were attempting to search the apartment for drugs when Smith reached for a checkbook, which contained a small folding knife, Totaro said.
One of the New Holland police officers spotted the knife, and a brawl erupted.
“State parole officers are not required to make a request for inspection of a parolee’s home. The parolee has no choice,” Totaro said. “In this case, the agents were in the process of inspecting Mr. Smith’s room when the altercation started.”
Smith threw one of the police officers into a wall.
One of the police officers shocked Smith with a Taser, but Smith did not seem to be affected, Totaro said.
It took about four minutes for the police and parole agents to handcuff Smith.
They placed him in the back seat of a New Holland police cruiser.
While in the vehicle, Smith struck his head several times against a door window.
The officers removed Smith from the vehicle and again shocked him with the Taser.
While handling the Taser, Custer shocked himself.
“The Taser was used both inside and outside,” Totaro said. “In each case, it had no effect on Mr. Smith whatsoever.”
Smith stopped breathing after police shackled his legs and placed him on the lawn.
The officers attempted to revive Smith with an automated external defibrillator.
“Based upon information from Mr. Smith’s grandmother, the way he was acting and his unusual strength, officers had reason to believe Mr. Smith was under the influence of drugs,” Totaro said. “Toxicology results will provide a conclusive answer.”
Totaro said Tuesday night that there was no indication the officers used excessive or inappropriate force.
McLaughlin and Custer returned to patrol duty Wednesday.
Smith was on parole until 2010. He moved into the apartment at 66 Ashlea Village with his grandmother in February.
Smith was sentenced in July 1999 to 6 to 12 years in prison and placed on probation for 5 years for what a prosecutor described at the time as a “brief reign of terror in Lancaster County.”
Smith robbed seven convenience stores and a bank to support a drug habit in 1998. He also stole his grandmother’s car and used it to flee police after one of the robberies.
After crashing the car, Smith climbed a tree and fought with police. He also fought with police while being arrested for a bank robbery.