Name of Accused:
Smith, Kevin
Date of Arrest:
06/28/2024
Charges For Arrest:
AGGRAVATED ASSAULT
CRUELTY TO CHILDREN 3rd Degree (M)
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On Friday, 06/28/24, I responded to a domestic dispute at [REDACTED BY AGENCY] between [REDACTED BY AGENCY] and Kevin Smith.
When I arrived on scene [REDACTED BY AGENCY] was already outside the residence. I went to the residence door and was told to enter after knocking. As I entered I saw SGT Thornton of Atlanta PD standing over Kevin Smith. Kevin was laying on his stomach with his hands behind his back, but was not secured in any way. [REDACTED BY AGENCY]
I escorted Kevin to another room to interview him about the incident. Kevin stated he and [REDACTED BY AGENCY] had been drinking since the previous evening and had not slept yet. They had gotten into a “passionate” argument about a previous ex of [REDACTED BY AGENCY] Kevin denied any physical altercation occurred. Kevin was unwilling to elaborate any more than this on what occurred between him and [REDACTED BY AGENCY]
Kevin had a red abrasion mark on his left knee. He also had a red mark on his upper left thigh.
I then went to speak with [REDACTED BY AGENCY] outside the residence. As I approached her Deputy Belden advised me [REDACTED BY AGENCY] had been choked by Kevin, and when I asked him if this occurred today she responded “yes”.
[REDACTED BY AGENCY] had a cut to her forehead and it was swelling. She pointed to the injury and also claimed this was done by Kevin, but stated she did not wish for him to be in trouble. There was an odor of alcoholic beverage coming from [REDACTED BY AGENCY] and she confirmed she had been drinking the previous evening.
I had stepped away to run Kevin’s information through Dispatch. As I returned to [REDACTED BY AGENCY] I heard her say “he (Kevin) will be so mad at me” and Deputy Belden tell [REDACTED BY AGENCY] not to worry about him (Kevin). She said she does not live with Kevin, [REDACTED BY AGENCY]. She also claimed “He (Kevin) is going to hit me if I go in there”. When asked why she believes this would happen she said it was due to him already having hit her. Every time I would try to have [REDACTED BY AGENCY] explain what occurred she would immediately make comments about Kevin being mad or abusive towards her.
[REDACTED BY AGENCY] confirmed the argument started after they had been speaking about an ex of hers. Kevin told her she was not over this relationship due to her still having a tattoo on her arm. There were scratch marks on her arm near the tattoo she indicated, but said she did this to herself. Kevin began calling her a whre. She later admitted she struck Kevin first due to him calling her a whre, but he then pushed her to the ground of the living room. Kevin began choking her to the point where she could not breath as she was on the ground and he was standing over her. Kevin grabbed her by the throat with one hand, applying pressure to her neck, and used his other hand to pinch her nostrils closed. Both theses acts prevented her from breathing. She believed she was about to pass out, but did not know if he was attempting to kill her. She attempted to kick him to get away, but then Kevin began kicking her too. [REDACTED BY AGENCY] was unable to explain how they separated.
While interviewing her [REDACTED BY AGENCY] made comments again of being scared or that he would “beat the sh*t out of me” if she returned to the apartment. She also indicated this is not the first time she has been physically abused [REDACTED BY AGENCY]
[REDACTED BY AGENCY] had a thin red mark on the back left side of her neck. The mark was approximately the width of a finger. She also had two sets of blue/purple bruises on left leg. One was approximately 4 inch in diameter on her upper thigh and then three finger sized bruises on her calf.
[REDACTED BY AGENCY] would not state whether she wanted to pursue the case as a victim at this time.
At this point I attempted to interview Kevin again, but he was unwilling to elaborate anymore than previously on the incident. He would not tell me what he meant by “passionate”.
Based on the information obtained during interviews and physical evidence I established the probable cause against Kevin for Aggravated Assault by Strangulation and determined he was the predominat physical aggressor of this incident. Due to [REDACTED BY AGENCY] multiple comment’s about her fear of Kevin’s further violence when she returned to the apartment and indication this was not the first time an incident like this had occurred I determined to place Kevin under arrest for the safety of [REDACTED BY AGENCY] and [REDACTED BY AGENCY] At this time Kevin was placed into handcuffs, which were double locked and checked for proper fit.
[REDACTED BY AGENCY] later said her son [REDACTED BY AGENCY] had witnessed her being choked as she was being checked by Fire/EMS personnel. SGT Rose provided her a VINE card as well as explained how to obtain a TPO.
I then transported Kevin to the Cherokee County ADC were he was released to deputies there after completing all necessary paperwork. Special conditions of bond were requested. A warrant has been secured as of the time of this report. A DFACS referral has been made.
[End of Narrative]