By Travis Crum
Charleston Gazette
GLASGOW, W.V. — A Glasgow man said he mistook an off-duty police officer wearing plain clothes as an intruder when he shot him near the chest Tuesday night.
Nickey Don Smith II, 36, of Glasgow, was charged with malicious wounding and being a felon in possession of a firearm after firing a sawed-off shotgun at Glasgow Officer Steve Smith, said West Virginia State Police Trooper J.M. Comer, of the Quincy detachment.
Officer Smith was struck in the upper arm, close to his chest, Comer said. He was recovering from surgery Wednesday at CAMC General Hospital and has a “long road of recovery ahead of him,” Comer said.
Officer Smith was just weeks away from being appointed the chief of the Glasgow Police.
According to a criminal complaint filed in Kanawha County Magistrate Court, Nickey Smith called the Glasgow Police at about 7 p.m. to report a burglary in progress at his trailer at 209 1/2 Glass Fire Lane. The residence is about two blocks from the police station.
Uniformed Officer A.J. Roop and Officer Smith, who was not wearing a uniform or bulletproof vest, responded to the call less than 10 minutes later.
Comer said Roop and Steve Smith arrived in one police cruiser and identified themselves as officers to Nickey Smith. That’s when Nickey Smith stepped onto the porch and shot Officer Smith, Comer said. Steve Smith collapsed on the porch and Roop returned fire before calling for backup.
State Police troopers and Kanawha County sheriff’s deputies arrived a short time later and arrested Nickey Smith, he said.
Nickey Smith later told police he was frightened and assumed Officer Smith was the intruder he called about earlier in the night, the criminal complaint said. Comer said there is no evidence that an attempted burglary took place.
He said it is up to prosecutors to determine if Nickey Smith thought he was acting in self-defense. If convicted, he faces a possible three to 15 years in prison.
Comer said it is not unusual for an off-duty, plainly dressed officer to assist another officer, especially in a small community like Glasgow.
“The only thing we have is our gun and our badge,” Comer said.
Nickey Smith suffered minor cuts to his hand, possibly from the gun he was firing, Comer said. The original report that Nickey Smith had been shot in the hand was incorrect, he said.
Comer said it is believed that Nickey Smith fired about five shots at the officers. Comer did not know how many shots Roop fired in return, but neighbors said they heard a total of 10 to 13 shots.
According to an officer close to the investigation, Nickey Smith was being monitored by the Glasgow Police for suspicious activity. Neighbors said they believed drug activity was taking place in the home because of frequent traffic.
Comer said a search warrant was executed for Nickey Smith’s home, but he did not know if it uncovered anything.
Nickey Smith and Steve Smith are not related and have not met before, Comer said. However, Nickey Smith is no stranger to law enforcement and has an arrest record dating back to 1994, he said.
According to court records, Nickey Smith was found guilty of two counts of malicious wounding and one count of negligent homicide in June 1998. He spent a year in prison.
In May of this year, he was charged with domestic assault and spent time in jail in October for violating a restraining order against him. He was also charged with malicious wounding in February 1997. It was unclear whether he served time for that charge.
Nickey Smith is being held in South Central Regional Jail in lieu of a $100,000 full-surety bail.
Copyright 2011 Charleston Newspapers