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WVSP Arrest NMPD’s Smitley For Harassing

By Staff | May 19, 2010

New Martinsville Patrolman Russell Smitley has been charged in Wetzel County Magistrate Court with one count of stalking/harassing. He is has been placed on administrative leave as the result of the criminal charge and the protective order.

Smitley allegedly had a long-term relationship with the victim prior to the incidents which began in March.

In March the Paden City Detachment of the West Virginia State Police received a complaint from an adult female from Paden City that she was being stalked and harassed by a New Martinsville man. An investigation has been ongoing since that time in conjunction with the Wetzel County Prosecutor’s office. The female ultimately obtained a family violence protective order from the Wetzel County magistrate court. A hearing was subsequently held on the temporary order. The protective order was dismissed at that hearing.

In April, other allegations from the victim were received, indicating that the Smitley was following her and a family member and harassing her by electronic means as well.

The ongoing investigation revealed evidence that corroborated the victim’s complaint. An order was served on Smitley by the Wetzel County Prosecutor Tim Haught notifying the suspect that he was to have no contact with the victim. The victim agreed to the prosecutor’s order of notification as long as the suspect stopped his harassment.

On May 7, the victim reported to Sergeant J.A. Laing that Smitley had continued to follow and harass her and was in the act of following her at that moment. At approximately 2:45 p.m. May 7, Sergeant Laing observed the suspect and alleges that he was in the act of pursuing the victim in an attempt to harass the victim which placed the victim in reasonable fear for her safety and the safety of her family. Sergeant Laing placed Smitley under arrest as the result of a traffic stop made on Paden Fork Road in Wetzel County.

The suspect was arraigned on a count of stalking/harassing by Wetzel County Magistrates Tom Shepherd. A bond was set and a hearing will be scheduled on the matter in Wetzel County Magistrate Court. A protective order was also issued to the victim by Magistrate Shepherd and served on the suspect.

This matter is still under investigation by the Paden City Detachment of the West Virginia State Police.