Alan D. Smith, 29, of Creston, was taken into custody 1:01 a.m. Aug. 28 in the 700 block of North Oak Street on the charges of harassment, first degree - threaten forcible felony; OWI, first offense and assault causing bodily injury or mental illness - no intent.
According to a Creston Police report, at approximately 12:20 a.m. Smith was named as a suspect in an assault at The Montgomery Street Pub. Witnesses said Smith punched another male in the face at the bar.
Officers arrived on scene and were told by witnesses the defendant had driven off in a white car, identified Smith by name, gave a direction of travel and possible location of his parents’ home. Law enforcement located the vehicle in an alley behind the residence. A male, later identified as Smith, was observed to be in the driver’s seat of the vehicle with the lights on. As law enforcement approached the vehicle, Smith quickly exited, leaving the keys inside.
Smith told officers he had left the bar 45 minutes ago, but the engine of the vehicle was still hot, as if it were recently driven. Witnesses at the bar said Smith had left shortly before officers arrived. When asked for his license, Smith initially refused and eventually struggled to get it out of his wallet.
When asked about the fight at the bar, Smith made several admissions to officers about committing the assault and bragged about knocking the victim out. The victim was bleeding and had cuts inside of this mouth from being punched. Witnesses told officers Smith was the aggressor in the assault.
When asked how much he had had to drink, Smith said “enough.” A strong odor of an alcoholic beverage was detected coming from his breath and he had bloodshot, watery eyes and slurred speech. Smith consented to field sobriety testing and showed significant signs of impairment on one test before he stopped the test and refused to continue.
Smith consented to PBT testing and produced a BrAC of .327%. He later refused to provide a breath sample for chemical testing.
While being taken into custody Smith looked directly at a Creston Police Lieutenant and threatened to knock him out.
Smith was transported to the Union County Jail and held on $4,000 cash or surety bond.