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Former NFL player facing charges
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Published: March 27, 2009
A well-known Iredell County bail bondsman is free on bond after being charged with pistol-whipping a man he was trying to arrest.
Vinson Smith, a Statesville resident and former NFL player, was arrested Wednesday night on a felony charge of breaking and entering, felony assault inflicting serious bodily injury and carrying a concealed weapon. Another bail bondsman who accompanied Smith, Barry Hicks of Efland, was charged with felony breaking and entering.
During an 11-year NFL career, Smith played for the Atlanta Falcons, Dallas Cowboys, Chicago Bears and New Orleans Saints. He won a Super Bowl with Dallas in 1992. Since retiring from the league, Smith has been known for his work with youth in the community.
The charges are the result of a joint investigation by the N.C. Department of Insurance, which licenses bail bondsmen, and the Statesville Police Department.
Jamarr Scott, who failed to appear on a driving while impaired charge, told police that Smith hit him in the head several times when he and Hicks came into his home in the middle of the night to arrest him.
Smith's attorney, Ken Darty, said the charges are without merit. He called the case against his client a witch hunt by the Department of Insurance, the Statesville Police Department and another bail bondsman whom he declined to name.
"This was orchestrated by the DOI, SPD and one of our local bondsman to run Vinson out of the bail business," Darty said. "I really believe that."
Scott disagrees. He contends Smith repeatedly hit him on the head with a pistol, causing injuries that required 15 staples in his head.
"I thought I was going to die in there," he said from an interview room at the Iredell County Detention Center, where he is awaiting trial on a DWI charge.
The ordeal started early one morning earlier this month when he heard someone yelling "search warrant," he said.
Scott said he was asleep and still waking up when Smith and Hicks came into his bedroom. "I was trying to put my pants on," he said.
Scott said Smith got around Hicks and then hit him on the top of the head.
"When he first hit me, the gun came out of his hand," he said.
Scott said he fell back onto the bed, and Smith grabbed him by the neck before retrieving the gun.
He said Smith then hit him several more times and told him that he lost money because Scott failed to appear on the DWI charge.
Scott said he begged Smith to call an ambulance, but he replied, "You're not going to the hospital. You're going to jail," Scott said.
Scott said they eventually put him into Hicks' car, and Smith got into another vehicle and left.
On the way to the jail, Scott said, he spotted a Statesville police officer. "I jumped out the car," Scott said, explaining that he flagged down the SPD officer.
That officer then called an ambulance. Scott gave a statement about what happened, which prompted the investigation.
Scott said Hicks did not assault him. The other bondsman tried to calm Smith down, Scott said.
Darty called the charges filed against Smith overkill. The charge of felony breaking and entering is bogus because of Smith's job.
"A bail bondsman doesn't need the permission of the homeowner to go in if their understanding is the guy they're trying to find is inside," he said.
But Statesville Police Chief Tom Anderson said bail bondsmen cannot just go into someone's home.
"They have to play by the rules," he said. "They have to prove they have the right address or that they know the person is in the residence."
Smith contends Scott tried to run, and he did what was necessary to arrest him on the failure to appear charge, Darty said.
Scott denies resisting in any way. "That other guy (Hicks) had a Taser. I would have been crazy to try to run past him," he said.
Scott admits that he did fail to appear in court. "I was scared, nervous," he said.
But, he said, he was preparing to turn himself in prior to the bail bondsmen arriving to pick him up.
"I was tired of running," he said.
He plans to stay in jail until his April 14 court date, where he plans to enter a plea on his pending charges.
Darty said he has no doubt that Smith and Hicks will prevail in court.
"I certainly anticipate this will result in a full exoneration," he said. "Vinson is an upstanding, professional individual. I really believe that he's not capable of doing what he's accused of."
Scott said Smith did act outside the bonds of his authority when he pistol-whipped him. He was pleased to hear of Smith's arrest.
"It was a scary experience to go through," he said.
Smith was released after posting a $5,000 bond.
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