Local Senate candidate arrested
By 11/02/2006 00:00:00
WAXAHACHIE - Phil Smart, a candidate for Texas Senate District 22, was arrested twice within two months.
In a jail-house interview on Friday, Oct. 27 Smart claimed he was being harassed by the Ellis County justice community.
He was finally released from the Wayne McCollum Detention Center on Monday, Oct. 30 after being locked up for 20 days.
Smart, a Certified Public Accountant who lives near Palmer, said the most recent harassment began about two months ago.
On Sept. 1, Smart had several narcotics in his possession, including fluraze-pam, alprazolam, lithium and fioricet, according to a motion filed on Sept. 20 by the Ellis County District Attorney's office to revoke Smart's probation.
The motion also clai-med Smart violated terms of his probation by having illegal drugs and not contacting his probation officer after being arrested by the Red Oak police department.
Smart was on probation for two years after pleading guilty to aggravated assault with a deadly weapon in October 2004.
His probation was due to expire Oct. 6, according to Alfred Mims Jr, director of the Ellis County Probation Department.
'I don't know the particulars, but usually once a probation expires it's over,' Mims said.
Smart claimed the only medicine he had was doctor-prescribed and in a prescription pill bottle when he was pulled over by Red Oak Officer David Rogers.
He said Rogers had accused him of purchasing drugs from a convenience store.
'He tried to tell me (the convenience store) was known for selling drugs,' Smart said.
'I've been stopped before, but no one has ever harassed me.'
Smart said he had only went to the convenience store to purchase a pack of Honey-Filley cigars and once he left the parking lot Rogers followed him to Interstate 35.
He said Rogers initiated the traffic stop after Smart pulled six inches through a stop sign.
After being bailed out of Red Oak's jail, Smart said he filed two complaints with the state's Attorney General office for police harassment.
On Oct. 10 Ellis County sheriff deputies arrested Smart after his probation was revoked when Judge Gene Knize of the 40th District Court issued an arrest order on Sept. 28.
Justice of the Peace Curtis Polk, Pct. 3 arraigned Smart at the Wayne McCollum Detention Center on Oct. 11 for his probation violation and again on Oct. 20 for a charge of running a stop sign in Red Oak.
No bond was set.
Mims said in Ellis County probation violators were not granted bonds.
Copies of the Red Oak arrest report was unable as of press time because Red Oak officer Tommy Christian said all active reports must be approved for release through the Ellis County District Attorney's office.
Christian said he was forwarding a copy of The Ellis County Press' request for the records to the DA's office on Tuesday, Oct. 31.
Red Oak Officer David Rogers declined to comment, stating the police report would have all the information listed.
Knize issued a motion Monday, Oct. 30 to release Smart from jail after the DA's office dropped charges to revoke his probation.
Smart was released later the same day.