He allegedly threw a phone at an officer
WILKES-BARRE TWP. — Police in Wilkes-Barre Township arrested David Smiley, 33, after he called 911 multiple times and threw a cellular phone at a police officer on Wednesday, according to court records.
Police, in court records, say Smiley called 911 several times to report that someone was watching his house on Nicholson Street at about 4 p.m. Wednesday.
Three officers responded to the residence, but no one answered the knocks at the front door.
While officers were at the house, they learned an occupant, Smiley, was in the process of being served a protection-from-abuse order that required him to vacate the residence, court records say.
Smiley eventually opened the front door, court records say, when officers advised him of the PFA and told him he needed to leave the residence. After gathering personal belongings, Smiley walked down the sidewalk and sat on a curb, court records say.
Officers waited at the house for the person who filed the PFA petition to arrive.
Court records say Smiley began calling 911, demanding officers leave the area near his house. After five calls to 911 within 33 minutes for no legitimate purpose, an officer advised Smiley to stop calling 911, or he would be arrested, court records say.
After being warned, Smiley allegedly called 911 for the sixth time to have officers leave the area.
When an officer told Smiley he was being detained for misuse of 911, Smiley crumbled up the PFA order and tossed it at a police cruiser, and also threw a cellular phone that nearly struck an officer’s head, court records say.
Smiley struggled with officers and had to be stunned by a Taser before he was detained.
Smiley was arraigned by District Judge Allison L. Antolick of Hazleton on charges of aggravated assault, simple assault, possessing instruments of crime, misuse of communications with 911, evading arrest, obstruction of justice, disorderly conduct, possession of marijuana, possession of drug paraphernalia, scattering rubbish, and two counts of resisting arrest. Smiley remained jailed on Friday at the Luzerne County Correctional Facility for lack of $25,000 bail.
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