Complete statement from J. Stephen Mixon, Esq.

Updated:

"Sgt. Smithwick is one of the 25 officers who have filed Equal Employment Opportunity Commission ("EEOC") charges alleging race discrimination against the Clayton County Police Department ("CCPD").  Sgt. Smithwick is a well-respected officer with 20 years’ experience with the department, who has no past complaints of excessive use of force.  Sgt. Smithwick denies any wrongdoing with regard to the allegation of assault made by the female who filmed the video you told me about on YouTube.  In the video, any viewer can plainly see that Sgt. Smithwick simply followed police protocol when someone resists arrest.  Please note that the complaint at issue here is made by the female who was filming, and attempting to distract the officers who were trying to effectuate a lawful arrest.  The alleged victim claims she was pushed by Sgt. Smithwick.  The push is not evidenced on the video and the woman does not have any physical injury, nor does she complain of injury on the video.  

"Because Sgt. Smtihwick was one of the 25 officers to file an EEOC charge, the CCPD has used this meritless allegation to retaliate against him by reassigning him to the dog pound and taking away his gun and his badge.  As you can imagine complaints of this kind are quite common in major police departments like Clayton County.  Extreme reactions, like the transfer to the dog pound and confiscation of his badge and gun are extraordinary.  A more typical response might be a desk assignment during the investigation.  Undoubtedly, this extreme reaction was in retaliation for Sgt. Smithwick's involvement with the 25 other officers who have filed complaints of race discrimination against the CCPD." 

- J. Stephen Mixon, Esq.