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Man sentenced for spitting at police officer

A 26-year-old Halliday man was sentenced to time served and two years of supervised probation for spitting at a police officer in Minot on July 22, 2017.

Garrett Shawn Smith had been charged after a hotel room brawl with his friend, Nicholas Afton Youngbird. According to court documents, the two men had been drinking and got into a fight. Youngbird grabbed a knife, Smith told Youngbird to stab him and Youngbird stabbed Smith in the neck. Then Smith grabbed the back of Youngbird’s head and head-butted Youngbird. Youngbird reportedly sustained several broken bones in his face and Smith had two puncture wounds on his neck and a few on his shoulder. Smith spat an an officer twice while they were walking him into the emergency room. He became aggressive and they forced him down on the ground and Smith turned his head and spat at the officer again, hitting him with blood, mucus and saliva.

According to a listing on the North Dakota Courts site, the state dropped two Class C felony charges of resisting arrest and aggravated assault against Smith.

He pleaded guilty to the Class C felony charge of spitting at the officer on May 23 in district court in Minot and Judge Todd Cresap sentenced him to a year in prison, with all time suspended except the 44 days he has already served, two years of supervised probation, and ordered to obtain a chemical dependency evaluation. Smith was also ordered to pay $1,100 in court costs. If he successfully completes probation, the charge will be reduced to a Class A misdemeanor.

A Class C felony aggravated assault charge is still pending in district court in Minot against Youngbird, 27.

– Andrea Johnson

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