Posted on 03/10/2010 7:57:42 PM PST by The Magical Mischief Tour
( Memphis 03/10/2010) An Oakland, TN police officer who says his badge saved him from a bullet tells News Channel 3 he has resigned and he is standing by his story.
A payroll clerk with the city of Oakland confirms his last check was issued January 8th.
It was called a miracle when Smith said he survived being shot by two men during a traffic stop. He said his badge saved him but it now appears not everyone believes that story.
We've learned a Fayette County grand jury is expected to hear the case in a couple of weeks. Smith lives in Memphis and commuted to the suburb of Oakland in the city's police car.
"It was kind of nice seeing a cop car sitting down here," said Ronald Hardister, neighbor.
It's been weeks since that Oakland police car was parked in Smith's driveway. That's because he is no longer on the force.
Smith pulls up to his home while we're there. It's his first time on camera since the controversy surfaced surrounding his story of a Christmas miracle.
Stephanie Scurlock: What can you tell us, Joshua?
Josh Smith: Contact the D.A. in Fayette County.
Smith no longer drives Oakland's police car or wears the badge he says saved his life Christmas Eve. His story came under fire and is now the subject of a local, state and federal investigation. We asked him if he made it all up, he ignored that question and others.
Stephanie Scurlock: Will you come to the sidewalk so we can ask you a couple of questions?
Josh Smith: If ya'll don't get out of my grass, I'm going to call the police.
Stephanie Scurlock: Can you answer anything, Joshua?
Josh Smith: I've been instructed not to answer anything or talk to the media.
Stephanie Scurlock: Do you have a lawyer we can call?
Josh Smith: For what (ha, ha, ha)?
Smith laughs as he walks inside his home but for those who believed his story, like next door neighbor Michelle King and her children, there's nothing funny.
"It really does hurt my heart now. It was all a lie or at least that's what we're leading up to. It's sad," said King.
When we put up our camera, Smith came off the porch and told News Channel 3, he resigned from the Oakland police force. He says he has a new job doing something else. He also told us he is standing by his story.
TCA 39-16-502. False reports. —
(a) It is unlawful for any person to: (1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: (A) The offense or incident reported did not occur; (B) The person has no information relating to the offense or incident reported; or (C) The information relating to the offense reported is false; or
(2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: (A) Preventing the offense or incident from occurring or continuing to occur; or (B) Apprehending or locating another person suspected of committing an offense;
(3) Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless and knowing: (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies; (B) It will place a person in fear of imminent serious bodily injury; or (C) It will prevent or interrupt the occupation of any building, place of assembly, form of conveyance, or any other place to which the public has access. (b) (1) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. (2) A violation of subdivision (a)(3) is a Class C felony.
Next the news reported that there was no damage to his bullet proof vest or any bruising to the skin under or around where the bullet was alleged to have struck. The pictures of the uniform shirt, with bent badge still attached showed no damage to even the uniform shirt.
http://www.commercialappeal.com/news/2009/dec/24/badge-deflects-bullet-saves-oakland-cop-shot-traff/
Did TN Cop Fake Story About Bullet Striking Badge?
MEMPHIS COMMERCIAL-APPEAL
Local, state, and federal authorities are investigating a report by an Oakland(TN) police officer that his badge stopped the bullet when he was shot during a traffic stop on Christmas Eve. The Oakland Police Department has asked the Fayette County Sheriff's Department to help investigate rumors that the shooting was faked, Insp. Raymond Garcia, sheriff's department spokesman, said Thursday. "We're assisting with it," Garcia said. "You are going to have to investigate any time you have something like this." Joshua Smith , an Oakland officer for about nine months, reported that when he pulled over a gray or green Chevrolet Tahoe or Suburban on U.S. 64, the driver of the vehicle shot him in the chest, after a passenger in the vehicle swung a knife at him. The vehicle bore out-of-date drive-out tags, he said. Smith told his superiors that his badge stopped the bullet, which ricocheted out through his shirt. He was taken to an area hospital, but was not seriously injured. The officer's vest and shirt have been sent to the Tennessee Bureau of Investigation lab for tests. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has also taken control of some items, Garcia said. Residue from the shirt and vest could possibly be matched to a particular shell casing or gun. "It should be able to tell us something," Garcia said. The Oakland department had just issued heavier-gauge badges than had been used previously. Oakland Chief Keith Hogwood said at the time that he believed the badge may have saved Smith's life. Neither Hogwood nor Smith could be reached Thursday night.
I'm wondering the same thing...
Former Oakland police chief Bob Tisdale pleads guilty in misconduct case
OAKLAND, TN (WMC-TV) - New information was uncovered Tuesday about a Mid-South police officer who claimed his badge stopped a bullet.
Oakland police officer Joshua Smith said a bullet fired at him after a traffic stop hit his badge and saved his life.
The Oakland Police Department and Fayette County Sheriff's Department are investigating whether Smith's story is true.
Sources said the bullet-proof vest Smith was wearing had no damage to it and Smith had no bruising on his chest.
Law enforcement experts said the vest should have damage and Smith would have had a large bruise on his chest.
Sources said Smith made a phone call to Fayette County Dispatch an hour before he was shot. He talked about a dream and made negative remarks about the Oakland Police Department.
Smith claimed he stopped a car that was driving erratically Christmas Eve. He said the passenger got out and waved a knife at him then the driver shot him. He said he shot back and they took off.
The Oakland police chief told me that Smith has not been back at work. Chief Keith Hogwood said Smith was cleared by doctors physically but not psychologically.
Check out the video at the link to this story, it shows not only the uniform shirt but a good close up of the badge, looks like it was hit with the ball of a hammer and his vest which has absolutely no damage to it at all...
Mythbusters did a segment on this very thing.
As I recall in one of their runs, a police badge in fact stopped a direct hit.
Totally demolished the badge. But it stopped it.
Something similar happened in a small town we lived in. The cop, also our neighbor, shot up his vest and claimed he was attacked.
2 things went wrong with his story. He had no red spot where he was shot, no bruise, no nothing and the town had virtually no crime. Petty stuff like missing lawn art.
The chief suspected a foul story from the get go but dragged out the investigation just to be sure.
The officer had shot his own vest and then tried to make it look like he was attacked and fired upon. He even posed himself, half in the car, half on the ground, then called for help.
Later he confessed after the chief said the story doesn’t fit. He said he couldn’t stand not being in the spot light after he won some awards. He was featured regularly in the town newspaper.
I felt sorry for his wife and kids, his parents. They were at one time so proud of him. He left town after his evaluation. No charges, just fired. His police days were over.
The one thing I noticed living near him, he would never wave to anyone. He’d ride around the neighborhood using his siren and loud speaker, stopping to tell people all kinds of things. I would hear him one block over, yelling slow down or telling kids to get in their yards, turn your car music down.
When you spoke to him he was very rude. Bad attitude. Considering he looked like a big nerd on steroids, I just laughed when I saw him. He was so full of himself.
Who knew that nut thought he really was super cop.
We are, but in this case, it's beginning to sound like the dirtbags swinging knives and shooting at cops were imaginary.
Why does that matter? Well two reasons. First, is the officer psychologically fit to continue to be an officer? If he made it up, they need to get him off the force, pronto, and get him help. And second, if he did make it up, he filed a false police report which supposedly resulted in a police search for the culprits.
Once the public finds out about a police person faking a report, people he/she arrested start asking, did he/she lie when he/she arrested me for whatever ?
A D.A.’s nightmare because then he/she has to go over every arrest this officer made.
That’s what happened to my neighbor. When he was cleared of that, the police department just wanted him gone.
I did too. Didn’t buy it.
I’ll second that comment - Mythbuster is an odd show, but they did do a segment on just this subject.
I would rather have a SAPI plate myself...
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