Affidavit: Man claiming to have AIDS bites officer’s thumb, breaking it

Marco Smith
Marco Smith(Shelby County Sheriff's Office)
Published: Oct. 4, 2022 at 5:45 PM CDT
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MEMPHIS, Tenn. (WMC) - A man with several active warrants was charged with assaulting an officer and evading arrest, among other charges, after police initiated a traffic stop in the wee hours of Monday morning.

According to the Affidavit of Complaint, the suspect, 44-year-old Marco Smith, bit an officer’s thumb while resisting arrest on Monday, breaking it, before spitting in the back seat of the squad car while yelling, “I have AIDS.”

The incident took place at 3:57 a.m. on Jackson Avenue after officers initiated a traffic stop for a Kia Spectra with unreadable tags.

Smith was observed without a seatbelt in the back seat of the car. He asked the officer if he could exit the car, which the officer denied.

When police asked for identification, Smith gave numerous false aliases, including other people’s social security numbers, the affidavit reads.

When he was then asked to exit the vehicle, police say Smith began to “act irate.”

He immediately fled, pushing and pulling away from officers while hiding his hand below his waistband.

Smith was apprehended after being shocked with a stun gun.

Additional backup arrived to assist police on the scene.

As a backup officer approached Smith, they were bitten in the right thumb, causing it to break. The officer was transported to the hospital in non-critical condition.

When placed inside a squad car, Smith began spitting inside the car, yelling “I have AIDS” while hitting his head against the cage.

Police have not confirmed whether or not this claim was true.

Smith was found to have active warrants for aggravated assault, intentionally evading arrest in a vehicle, and vandalism of property valued at $1,000 or less.

The driver of the Spectra was issued a citation and released at the scene.

Smith was transported to Regional One for medical clearance before being transported to jail.

Smith is charged with aggravated assault to a first responder, evading arrest, resisting criminal detention, criminal impersonation, as well as his three warrant charges.

His bond is set at $5,000.

He is scheduled to appear in court on Thursday.

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