Former Oakland officer pleads guilty to lying about shooting

By Nick Kenney - bio | email | Facebook

OAKLAND, TN (WMC-TV) - A former Oakland police officer pleaded guilty Thursday to making up a story about his badge stopping a bullet and saving his life.

Last December, Joshua Smith claimed his police badge stopped a bullet during a Christmas Eve traffic stop on Highway 64 in Oakland.

Smith told investigators a passenger got out of the stopped car and swung a knife at him. As he subdued the man, Smith said, the driver pulled out a gun and shot at him.

In a written statement to investigators, Smith admitted he made up the story.

"Pull off my vest and shirt, laid it on the ground, and shot the badge with my .40 caliber Glock," the statement said.

During the sentencing hearing, investigators testified that Smith never explained why he lied.

"He continued to hang onto this theory that there is a bigger picture that he cannot tell us," said David Webb with the Fayette County Sheriff's Department. "That if he in fact did not do this, that possibly his children could be killed, or his wife."

Defense attorneys requested diversion, while prosecutors asked for 35 days in jail. The judge gave Smith three years suspended sentence.

"We felt it was appropriate that he do at least as many days as he perpetuated the lie to the public, but the court didn't find that was necessary," said District Attorney General Mike Dunavant.

"The sentence is three years," said defense attorney Leslie Ballin. "He will serve that sentence on probation with conditions."

The conditions include restitution. Smith was ordered to pay $5,633 for the cost of the investigation. He will also pay another $1,500 in court costs.

Smith said he fired back and the driver took off.

Smith was charged with two counts of filing a police report and one count of fabricating and tampering with evidence.

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