WOOD COUNTY, Texas — A Wood County constable under federal indictment for accusations of ordering his police dog to bite a person who was not threatening is now facing another charge alleging he lied in a legal document.
Wood County Pct. 2 Constable Kelly Smith, who was already charged with deprivation of rights under the color of the law, is indicted on a falsification of a document charge.
The latest indictment came down on Feb. 8, while the first indictment was issued in November, according to federal court records.
A grand jury found that on July 25, 2022, Smith directed his police dog to bite a suspect who did not pose a threat, which resulted in unnecessary bodily injury to the suspect, according to the indictment for deprivation of rights.
In the new indictment, Smith is accused of knowingly falsifying and making false entries in an affidavit saying that the suspect failed to comply with his commands, but there were no commands given. It also alleges that Smith falsely said in the document that he gave his dog the heel command, but the grand jury found Smith gave the dog the bite command.
The final pre-trial hearing set for June 20 at 1:30 p.m. Jury selection will begin the morning of June 26 and the trial will follow immediately afterward, according to documents.
When news of the first indictment came out, Smith’s legal representatives issued a statement saying that Smith, who is a 25-year police officer and U.S Marine, did not commit any crime.
"He was merely doing his job and apprehending an extremely violent individual ..., who had four outstanding fugitive warrants, including felony injury to a child, family violence domestic assault against his wife, and evading arrest," Smith's statement read. "(The suspect) barricaded himself inside his trailer home, failed to comply with officers’ commands, and refused to surrender to the authorities."
The statement also said Smith sustained a broken finger and a knee injury during the incident. He added that his actions were all in compliance with K-9 handler standards.
The investigation is ongoing by the FBI Dallas Field Office.