SMITH COUNTY, Texas — A Wood County constable has been found not guilty in federal court following a weeklong trial.
Wood County Pct. 2 Constable Kelly Smith was charged with deprivation of rights under the color of the law and falsification of a document.
A grand jury indicted Smith for allegedly directing his K-9 to bite a suspect, Robert Evans, who did not pose a threat, which resulted in bodily injury. Smith was also accused of knowingly falsifying entries in an affidavit saying Evans failed to comply with his commands.
These charges stemmed from a July 25, 2022 incident when Evans was inside a trailer home in the Hawkins area while Hawkins Police Department officers were trying to serve warrants, including an injury to a child charge. Smith and his K-9 were among other officers called to assist HPD.
Smith and other officers' body camera footage from that day were shown to the jurors. The FBI agent who investigated the case and K-9 experts (from both the prosecution and defense) testified throughout the trial.
The jury deliberated for about two and half hours, coming to a verdict around 5:30 p.m. Friday.
Following the verdict, Smith made statements on his constable and K-9 Facebook page, thanking people for their support.
"God is good," he wrote.
In another post, Smith said his faith in God guided him since July 2022 and amid the judicial process playing out leading up to his acquittal.
"My prayer has been since day one when I was threatened with prison for 3.5 years - away from my family, never vote again, carry a firearm, teach, prohibited from visiting Israel where Jesus walked (they are said not to allow felons) that just one person would grow closer the Lord through this mess," the post read. "This weekend has been the mark of 11 months since I have carried a firearm, no longer have to get permission to go out of town to see my daughter or not be allowed to talk to a huge list of professional friends and contacts. Just before trial in the third offer to settle, they said if I fight it I was looking at over 130 months in prison."
He encouraged people to not take one moment for granted and said he has nothing against those who filed the charges or testified against him.
"I have been asked about anger towards those involved that proved to be dishonest, malicious, failed to tell all of the truth, and involved themselves prematurely without all of the accurate information," Smith said. "My family and I have prayed for each one of them with a sincere heart. My prayer is that one of them, even the small boy that was initially assaulted, can see the face of the Father, acknowledge the grace of the Holy Spirit and benefit the Kingdom. Each one of the over 8,000 hours of spiritual warfare that my family and I fought would be worth it."
Prosecutors said in closing statements Friday that video had shown multiple attempts from Evans to surrender and the bite command for the K-9 could be heard multiple times. They claimed that Smith violated Evans' constitutional rights and covered up the incident in the affidavit he wrote.
During closing statements, the defense said when officers have to force themselves into a house, it's a stressful situation. The K-9 only bit Evans when he kicked the dog in the face. Smith's lawyers said the prosecution could not prove Smith was acting with an evil purpose.
Smith's attorney added that Evans didn't listen to the warnings that were given and he got bit.