As of Sunday, January 20, 2013
© Copyright 2013
Gwinnett Daily Post
LAWRENCEVILLE — A handful of Gwinnett County police officers believe Scott Smithwick is a pot farmer, growing marijuana plants with a top-notch, hydroponic outfit tucked away in the basement of his parents’ Lawrenceville home.
Smithwick contends he’s merely a caregiver with a green thumb, bringing tropical plants and flowers to life when it would be far too cold to do so outside.
A Gwinnett County Police Department internal investigation — triggered by the complaint Smithwick filed after several officers searched his home in November — isn’t yet complete, and won’t necessarily determine which party is “right” about that aspect. It will, however, look to determine the validity of Smithwick’s claims of professional misconduct, sexual harassment and improper threats.
——
On Nov. 7, Gwinnett County police officers visited the Smithwick home on Smokehouse Path, where Scott Smithwick lives and helps care for his 69-year-old father, Darrell, a retired attorney who is recovering from back surgery and suffers from macular degeneration.
Acting on alleged tips about illegal drug activity at the house, they were turned away because they did not have a warrant. They returned with one at about 8 p.m. the next evening.
Authorities eventually came upon the well-organized basement nursery, which a police report described as “exactly (the) same as the marijuana grow laboratories I have seen before.” Smithwick contends that he’s been gardening that way — with a hydroponic setup, expensive lights and high-end fertilizers — for about 10 years.
“I can grow stuff for two months here, grow up tables of plants, then when April 15 comes around and the frost is gone, I can put out much bigger plants,” Smithwick said. “I can get a much bigger plant over the growing season, get much more flowers.”
The actual search, which didn’t produce any marijuana, is the basis for Smithwick’s complaint and GCPD’s internal investigation.
——
Smithwick maintains that he was harassed and, over the course of several hours, heatedly questioned and verbally abused by the six police officers serving the search warrant.
The 42-year-old told the Daily Post that he was surrounded and grilled at his kitchen table and told to “just tell us you had plants and got rid of them, and we’ll leave.” He said he was eventually coerced into “confessing,” but reneged when continually pushed as to where the alleged pot had gone.
“The way they treated my son while I was sitting at the kitchen table was just short of physical torture,” Darrell Smithwick, the father, told the county’s Board of Commissioners during Tuesday’s meeting.
Scott Smithwick alleged that Officer J.P. Griswold roamed his home “spitting in my trash cans” and made a sexually inappropriate joke.
“He walks over to my bed here ... and opens up this cabinet and sees these condoms, and looks over at me and says, ‘Oh, extra small, huh?’” Smithwick said. “It was unbelievable.”
He said he was told that, based on the fertilizers and grow lights in his basement, officers could “take me to jail, hold me without bond and send me to prison.”
After authorities discovered no pot, Sgt. S.H. Kannigiser “said, ‘You’ve got one week to tell me where I can find a pound of marijuana,’” Smithwick is alleging.
——
The story told in the official incident report, filed by Officer N. Cultarevic, differs. According to excerpts:
• “(Scott Smithwick) advised he was sick and uses marijuana regularly to treat his mental illness. (He) specified he was diagnosed with mild schizophrenia.”
• “During the search of the residence we did not find any marijuana.”
• “Above the plants on the roof top of the nursery I located about 10 metal hanging hooks used to dry raw marijuana plants.”
• “On the other side of the backyard fence we found four large sealed containers thrown in the wood line bordering (Smithwick’s) property. The containers smelled like raw marijuana, and (Smithwick) said the containers were his and he used them to store marijuana. (Smithwick) said he got rid of the marijuana in the containers and threw them over the fence to get rid of any evidence.”
• “Due to a complex crime scene, we decided to wait on charging (Smithwick) with criminal attempt to manufacture marijuana. Namely, there was enough evidence on scene to charge (Smithwick) with the crime, but we decided to wait and investigate further.”
• “No items were taken from the scene.”
——
Smithwick filed a complaint with GCPD’s internal affairs unit on Nov. 9, the day after the search in question. Police spokesman Cpl. Jake Smith said Wednesday that the investigation was likely “still a few weeks away from completion.”
“At that point, it will be reviewed by the chief,” Smith said in response to a request under the Georgia Open Records Act. “Once the chief signs off on it, it will be considered closed. The I.A. investigation will be subject to release 10 days after it is closed.”
Another spokesman said no updates were available Friday.
The department would release no other details regarding the complaint and investigation. No charges have been filed against either Smithwick.
Smithwick and his father both spoke at Tuesday’s Board of Commissioners meeting, calling for the firing of the officers involved in the incident and publicly likening their behavior to “what the Gestapo interrogations must’ve been like in Nazi Germany.”
Scott Smithwick said, depending on the outcome of the investigation, the family is not against filing a lawsuit sometime in the future.
“I don’t really expect a harsh punishment,” Smithwick said, “but it’s not going to be the end of it. We’re going to keep escalating it until we get some answers from these policemen.”
More like this story
- Written reprimand issued in complaint tied to pot search ( March 6, 2013 )
- Inappropriate comments complaint sustained against GCPD officer ( March 4, 2013 )
- Man blasts incident report detailing disputed pot search ( February 5, 2013 )
- Sgt. suspended for actions in disputed pot search ( March 20, 2013 )
- 3 men arrested, charged with growing pot ( February 28, 2007 )
Comments
TOWG 4 months ago
What a waste of police resources! How many meth dealers could have been busted in the time it took to harass this guy?
notblind 4 months ago
They want to seize his dad's home would be my guess. $$$$
BuzzG 4 months ago
How sad it is when the people we pay to enforce the law see fit to defy it.
"All tyranny needs to gain a foothold is for people of good conscience to remain silent" - Thomas Jefferson
RickE 4 months ago
I love how you people automatically assume the suspect is telling the truth about what happened.
scottsmithwick 3 months, 1 week ago
Innocent until proven guilty. Not one single piece of criminal evidence was found or taken from my home.
BuzzG 4 months ago
Tyler Estep, can you inform your readers what the request for a search warrant said and which judge actually signed it?
scottsmithwick 3 months, 1 week ago
The search warrant says under Offense(s): VGCSA Possession Marijuana Less 1 oz Section 16-13-2(b)-(CC 3514). The judge who signed the warrant is Michael D. Thorpe.
SurelyNot 4 months ago
The article is half informative and I agree with BuzzG....need more info which you could have gotten, Mr. Estep, had you done your homework before writing this.
kevin 4 months ago
I never saw the Gwinnett police did any such investigation in my area when someone called them with a tip. They just come, listen, and leave. Something "smells" bad in this incident.
InTheKno 4 months ago
The police keep records Kevin. Just call them up and see what transpired about the time "someone" in your neighborhood called the police.
kennethstepp 4 months ago
Before we throw these officers completely under the bus, look at this from their perspective. Anyone that buys this kind of equipment is suspected of being a grower of "The Devil Weed". This is how the police find home growers. There are two versions of what happened in the house. One is the word of a retired attorney, trained in how to set the stage for a law suit. And several police offers that really have no reason to lie. It is their job to follow up on a tip. They received a tip, found out this home was equipped with a home grow kit, and got a warrant. You can complain about the system, but this is how it works everywhere. Is it perfect? No it isn't. They went, searched, and left. They questioned the person there, and he admitted he got rid of the pot. He had it and sold/moved it . But we know of nothing the officers did wrong. To believe the guy that has the most to gain from lying is not what makes sense here. These officers deserve more respect than this.
rextim 4 months ago
Well said my friend!
Why_not 4 months ago
I agree wholeheartedly.....
pcjohn 3 months, 4 weeks ago
You sound just like one of these punks that operate under color of law. You claim a retired attorney is "skilled in how to set the stage for a law suit". I've known enough cops to know that they are more than equally proficient at writing and rewriting reports to deflect any blame for improper actions on their part. If you think the IA Dept will try to do anything but find a reason to exonerate these thugs from any culpability, then you are delusional. And contrary to your thinking that we know of nothing these cops did wrong then what about the statements of the victim in this case? You give all your credibility to this gang of thugs who descended on the victim and throw him "under the bus" by assuming he was in the wrong. He wasn't as is shown by the lack of any evidence against him. Or did that little fact escape your slanted judgement? Yeah, you gotta' be a cop or related to one..
kennethstepp 3 months, 4 weeks ago
PcJohn I believe our default on credibility should go to the officers. That makes perfect sense to me. They swear an oath of office, are drug tested, and pass an annual background check. They are POST certified, and most are pretty smart people, or the ones that I know are. To the officers this wasn't personal. It was a day at work. Lies usually grow from things very personal, not a day at work. Unlike you, I do believe that our law enforcement deserve and have earned the benefit of the doubt. In your mind they are all guilty because a retired attorney and a young man with a large grow kit in the basement said they are. I think far more is escaping your brain than mine. Using logic instead of your tin foil hat to decipher what went on as well as we can with the little bit of info we have is what I am doing. The police had no reason to commit crimes against these people they did not know. But the people that accused them of wrong doing had quite a bit to lie about. A potential out of court settlement springs to mind. Blocking prosecution by accusing the officers is a ploy used more often than you think. I am not in law enforcement or related to one. You sure are wrong a lot. And calling me a punk online is much safer than to my face skirtboy. I use my real name on here. That way when I call you names you know I'm not hiding behind a username like you.
pcjohn 3 months, 4 weeks ago
Oh dear! You sound upset. If you read properly you will find I said you SOUND LIKE one of those punks, not that you are one. But I suppose a Neanderthal wouldn't know the difference. And calling me skirtboy is really cute. Where did you learn that, on one of your camping trips with the cops?
And you still fail to realize the significance that no evidence was found or collected at this residence, nor was there sufficient cause to arrest anyone.. That should mean something to you. Somehow I believe I may be wasting my time arguing with the village idiot.
scottsmithwick 3 months, 1 week ago
I respect your comments sir but I would also respectfully disagree. I was there that night. You were not. Not one single piece of criminal evidence was found or taken from my home. The police threatened to handcuff me for simply wanting to videotape and have an unbiased record of what went on. This would have protected myself and the police. I would also mention they were swearing at me as well for just asking a question. I was told I could be arrested, held without bond, and sent to prison for possessing grow lights and fertilizers. This is not true. These items are no more illegal then the sunglasses on your face. There were six policemen that had me backed into a corner of my kitchen. They were all asking questions and making threats at the same time. I could barely eve n get an answer out. I was told to just say I had plants here and had taken them somewhere else and they said they would leave. After hours of threats and intimidation and seeing my father collapse on the floor I just told them what they wanted to hear so they would leave my house. They told me I had one week to tell them where they could find a pound of marijuana. They came back in a week. I inovked the fifth amendment at that point which is what I should have done when they were interrogating me in my home. I was scared and confused because they were saying they could arrest me when there wasn't anything criminal in my home. You should also know that Officer Griswold was walking around my home and spitting into my trash cans. He also decided to make a comment about the size of my penis after seeing some of my condoms. How would you feel if a police officer came into your bedroom and made a comment about your penis? It's not like I can really challenge the officer. Were not on an equal playing field. The officer is armed and in a position of authority over me. There's no excuse for a police officer making this kind of comment. I bet you would have something to say if they made a comment about your wife or your daughter's genitals. I know plenty of things the police did wrong that night. They also went onto my neighbor's property and opened their mailbox without a warrant or consent. These cops are so corrupt that they have tailored the incident report to try and discredit me. That didn't find what they wanted to find so now they are saying I told them I used pot everyday to treat the mild schizophrenia I've been diagnosed with. The police report is just a bunch of lies. The facts are nothing criminal was found, no charges were filed, no arrest made. Innocent until proven guilty.
RiggaTony 3 months, 4 weeks ago
I'm sorry , but these homegrow kits need to be completely outlawed. The ease at which bad guys (drug dealers) can use these for their evil is too great a risk to everyone involved.
scottsmithwick 3 months, 1 week ago
Why don't we outlaw the car you drive. The ease at which a bad guy could steal your car and use it for evil is too great a risk to everyone involved.
MichelleCouch 3 months, 4 weeks ago
Just a few basic tidbits here:
I'm sorry - it just seems that many, many mistakes were made here. People getting a traffic ticket who are found with less than an once are immediately hauled off to jail.... and with 4-large containers smelling of raw pot - and a confession - there were no arrests??????
Not adding up!
pcjohn 3 months, 4 weeks ago
I agree
Motor76 3 months, 4 weeks ago
Sorry, but smells are not illigal, although my Uncle Eddie's got some that should be outlawed. If no pot was found no arrest...simple?
kennethstepp 3 months, 4 weeks ago
Michelle Sometimes when a case like this is in play, they make no arrest until the case is wrapped up. In other words the DA believes they have enough to convict. Keep in mind that an arrest is never the goal. A conviction is. If these people have roots in Gwinnett, own property, and do not have a record then it is often handled differently. First they compile the evidence, interview witnesses. They have witnesses because they had a tip. They test anything that requires testing, and they present their findings based on facts, evidence, and witnesses. This is a great strategy and used all over the US. It saves so many dollars in the long run. I'd like to think none of the charges leveled at these officers will be considered in choosing to prosecute or not. You and I cross paths on many social media sites. You know I am a strict constitutionalist. If I thought these officers violated the rights of these people or their oath of office, I'd be all over them. This looks like just a good defense to me. I've seen it many times, and it is the same every time. Our rights are the most important thing to me. But, law enforcement is a tough job. I spoke with a dear friend today that left a local department because of the liability of being a cop. You put your life on the line 5-6 days a week, and take home about $600.00 per week. Anyone can say you did something wrong and sadly, it makes the news. Defending it is expensive and time consuming. The job is political, and who you know can mean more than what you know. Nothing about being a cop is easy. If we continue to run the ones off that feel called to serve the public, we will be left with the ones that were bullied in school and had to have a badge as soon as possible. There are very few of these because of the massive amount of vetting, testing, and checking. I choose to side with these officers until I see real proof they did something wrong. I believe they earned that, and we need them on the job.
scottsmithwick 3 months, 1 week ago
We were told that some plastic cannisters found in our yard tested positive for marijuana. Sargent Kannigiser told us his men were testing them on my front porch. There is no record anywhere of any test being done or any test results. Maybe that's why the cannisters weren't seized. The police lied about doing the test. Is it wrong when the police lie?
ntstar4 3 months, 4 weeks ago
Thanks Kenneth Stepp, from what I saw in previous article were a couple of orchid plants, one plant that I could not identify and a half dead banana tree. I doubt that anyone would invest in such an expensive set up for this. I think he got rid of the evidence and went to the local grocery and purchased them from their reduced bin. JMO I know. Our GCPD consist of well trained officers who by law must act on tips and information they receive. Everyone should appreciate that. Most of these people that speak so negative probably just have had some sort of interaction with the PD and hold a grudge against them.
kennethstepp 3 months, 3 weeks ago
Ntstar4. That's actually pretty funny. Creative as well. Some people will complain about everything law enforcement does. That is until they need them. Then, for a brief time they're awesome. I don't know what happened in this particular situation. But I know the training, and commitment these guys have. It sounds to me like they followed precedence to a tee. Perhaps even went easy on them. They could have been arrested, just given the info in the article. And IA has in the past been fair but tough on officers. Many have been punished after an investigation. Some severely. There is a lot of misinformed people on these forums. Facts, protocol, procedure, and fairness do not exist here sometimes.
scottsmithwick 3 months, 1 week ago
Once again sir. I was there. You were not . The officer's behavior was far being easy on us. And no we could not have been arrested. Nothing criminal was found or do you not understand that. If there was anyway to charge me that night they would have. Believe me. I have personally called the police department and told them that if they want me to come get me. It's not gonna happen
CD 3 months, 1 week ago
At least the GCPD didn't shoot you in the parking lot of a muffler shop. Evolution.
InTheKno 3 months, 1 week ago
Wow CD. But you do remember that it was GCPD alone that solved this case and arrested the rogue officer 20 years ago. No GBI, no FBI, no ACLU, no AG, nobody but GCPD.
news2me 3 months, 1 week ago
"In the future everybody will be world famous for fifteen minutes." - Andy Warhol
Sign in to comment
Or login with:
OpenID