LAWRENCEVILLE -- The Lawrenceville man who triggered an internal police investigation after authorities searched his home for marijuana is calling the official account of the November incident "complete nonsense."
Scott Smithwick filed a complaint against several Gwinnett County police officers after they searched his home in early November because, according to authorities, they received tips that the 42-year-old was growing marijuana in the basement. Smithwick -- who contends he grows tropical plants in the home on Smokehouse Path while caring for his elderly father -- has said that officers sexually harassed him, spit in his trash cans and physically intimidated him during the unfruitful, hours-long search.
The internal affairs investigation remained incomplete as of Tuesday, a police spokesman said. Smithwick has never been charged with a crime.
Meanwhile, the official incident report has been made public, and Smithwick had several issues with it.
According to the report, written by Officer N. Cultarevic, Smithwick "advised he was sick and uses marijuana regularly to treat his mental illness," which is allegedly mild schizophrenia.
Not so, he said.
"I have no idea where they got that," Smithwick said Tuesday. "That's what's truly frightening." He said he's had to answer questions from longtime friends and neighbors about a disorder that he does not have.
The Brookwood High School grad also contradicted virtually every other facet of the report, calling it "a very tailored account." Among the alleged discrepancies Smithwick pointed out:
-- The report says officers found "four large sealed containers" thrown in the woods behind the home, saying that they "smelled like raw marijuana."
Smithwick "said the containers were his and he used them to store marijuana," the report said.
Smithwick himself didn't deny that he told officers they were his -- but said he only did so after hours of interrogation and being told police would leave if he just told them "what they wanted to hear."
"If those jars had constituted any piece of criminal evidence they would have been seized," Smithwick said. "It's not illegal to have a plastic jar in your backyard."
Nothing was seized from the home.
-- The report also said that Smithwick "stated the marijuana was in a safe place at his friend's house and refused to reveal the location of the marijuana. (He) promised that he will provide us with some information leading to other marijuana distributors in the area."
Again, Smithwick said he did say as much, but falsely and only after being intimidated into a "confession."
"I was ordered to tell them that under the threat of arrest," he said. "They're leaving out hours of coercion, and the threat of taking me away from my 70-year-old father."
-- Smithwick also pointed out several other discrepancies.
Cultarevic wrote about finding "two large water tanks used to supply" the alleged grow operation. There is only one 55-gallon water drum at the home, Smithwick said. The report also lists Smithwick's father -- a former attorney battling macular degeneration and recovering from back surgery -- as his stepfather; his father's car, rather than his own, as the "suspect vehicle"; and twists the elder Smithwick's words, his son said.
"That police report is full of lies," he said.
The police department does not comment on pending investigations.
Smithwick's original complaint alleges that, among other things, Officer J.P. Griswold roamed his home "spitting in my trash cans" and made a sexually inappropriate joke about the size of Smithwick's penis.