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District attorney says Pa. officers didn’t use excessive force

Copyright 2006 Lancaster Newspapers, Inc.

By BRETT LOVELACE
Intelligencer Journal

LANCASTER, Pa. — A 45-year-old New Holland man died Tuesday after he was shocked with a stun gun during a violent struggle with police.

Curtis Lee Smith fought with two New Holland Borough police officers and a Pennsylvania state parole agent inside an apartment at 66 Ashlea Village before his death.

“At this time, the investigation has not revealed an obvious reason for the man’s death,” Lancaster County District Attorney Donald Totaro said in a statement released Tuesday night. “Furthermore, there is no indication that officers used excessive or inappropriate force against the man.”

Totaro did not name Smith in his statement but neighbors identified him.

Smith was released from prison last year after serving 6 years for committing eight armed robberies in 1998. He was living with his grandmother, Mary Kathryn Smith, while on parole.

Mrs. Smith called a parole agent Tuesday because her grandson was acting strange and she feared for her safety, Totaro said in the statement.

Before reaching Ashlea Village, the parole agent contacted New Holland Borough police at 12:40 p.m. and asked for assistance.

Officers George McLaughlin and Jed Custer met the agent outside the home.

The trio found Smith inside, and a fight started when Smith attempted to grab a knife, according to Totaro.

“A struggle ensued during which the man exhibited exceptional strength, actually throwing an officer much larger than himself into a wall,” Totaro said. “The man was subdued after a struggle that included the use of a Taser.”

Tasers can deliver a 50,000-volt jolt through two barbed darts that can penetrate clothing. The electric charge disrupts the nervous system.

Smith was not affected by the Taser, and the fight continued, according to Totaro. McLaughlin and Custer finally were able to handcuff Smith.

The officers took him outside and placed him in the back of a police cruiser.

While in the vehicle, Smith struck his head against a door window several times, according to Totaro.

McLaughlin and Custer removed Smith from the vehicle and placed shackles around his legs.

Smith stopped breathing while he was lying in the grass.

The officers determined Smith did not have a pulse and attempted to revive him with an automated external defibrillator.

Their efforts were not successful, and a sheet was placed over the body.

Deputy Coroner Dr. James P. Beittel pronounced Smith dead at the scene. An autopsy is scheduled for this morning.

Police cordoned off the yard around 64-67 Ashlea Village.

Investigators searched the home for evidence until shortly before 8 p.m.

The sight of police cars and crime scene tape left residents unsettled.

“I knew it was serious when I saw there was a body under a sheet,” said Ira Clavier, who lives across the street from 66 Ashlea Village. “At least it wasn’t Mary Smith. She always tried to help Curtis, but at times I got the sense he didn’t appreciate it.”

Some residents said they were concerned about Curtis Smith living in the neighborhood because he had a criminal past.

“I had heard he took most of Mary’s money and used it to buy drugs,” said neighbor Delores Young. “I never locked my windows and doors until Curtis showed up.”

Smith’s father, Robert L. Smith, and his wife, Mary Lou Hammond Smith, arrived at Ashlea Village around 7 p.m. after driving from their home in New Jersey.

The couple spoke briefly with police but declined to comment to a reporter.

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.

He also stole his grandmother’s car and used it to flee police after a robbery.

After crashing the car, Smith climbed a tree and fought with police. He also fought with police while being arrested for a bank robbery.