A decorated Vietnam veteran has filed a lawsuit in Denver claiming that he was shocked with a stun gun and severely beaten by five officers who illegally entered his Kremmling trailer home without a warrant.
Robert Mark Smith, 67, seeks punitive damages for the March 2013 incident, according to the lawsuit filed by Denver attorney Darold Killmer.
Smith also seeks a formal apology from defendants, including Chief Scott Spade, Officer Robert Dillon and Sgt. Todd Wilson of the Kremmling Police Department; and Daniel Mayer, Mike Reed and Zachary Luchs of the Grand County Sheriff’s Department.
The officers had planned to arrest Smith for domestic violence based on a second-hand report about an argument between Smith and Melody Fairfield, a woman staying in his trailer, the lawsuit says.
Authorities on March 5, 2013, pushed their way into Smith’s home, fired a stun gun at him — causing him to fall to the kitchen floor — and beat him and kicked him in the head, ribs and back, the lawsuit says.
The officers had entered the home at 9 p.m. without a warrant even though Smith ordered the officers off of his property, the lawsuit says. Smith was dressed in his underwear at the time.
When police spoke with Fairfield, she denied that Smith had assaulted her.
The lawsuit says Kremmling failed to properly hire, train, discipline and supervise its officers.
Smith asks the court to prohibit defendants from retaliating against him and to ensure that defendants are disciplined.
Smith, a Marines veteran, was wounded with shrapnel from a mine during the Vietnam War and later served on a special-operations force on the 2nd Reconnaissance Battalion. He received the Purple Heart, Vietnam Presidential Unit Citation, Vietnam Cross of Gallantry, Vietnam Combat Action Ribbon and Good Conduct Medal.
Smith suffered a stroke in 2005, the lawsuit says.
Kirk Mitchell: 303-954-1206, or
