A former Bermuda Run resident spent two days in court recently and was found guilty in all cases.

Jan. 24, 2014

Lindsay Beth Smith, 36, now lives in Florida but returned to face charges of two counts of making a false report to the police station, which was heard in District Court Jan. 9, and DWI and driving without a license, heard in DWI court Jan. 10.

Davie Sheriff’s Lt. Lee Whitesides testified Smith is known around the sheriff’s department because of numerous complaints about her former boyfriend, Nolan Mattocks.

“Ms. Smith and I do not talk smoothly together,” Whitesides told Karen Biernacki, assistant DA. “I was never able to put him (Mattocks) in jail enough times to her satisfaction.”

Smith and Mattocks had a relationship from June 2007 to March 2009, she testified. Smith gave birth to their child in June 2010 and has full custody, but Mattocks has visitation rights.

In early 2011, Smith accused Mattocks of domestic violence. She said he was calling, texting and emailing her, harassing her, harassing her friends, following her to work and “making body language like he was going to hit me,” she testified.

Mattocks has been incarcerated several times, according to testimony by Wendell Sain, jail administrator, on charges of violating a domestic violence protective order, probation violation, and stalking.

His probation officer, Brad Anderson, said Smith complained to him about Mattocks 10 to 15 times over a six to eight month period, and Smith also complained to Patrol Sgt. Joseph Crotts, who testified Smith went to see him in July 2013.

“She said she and Mr. Mattocks had a custody agreement, that she had a 50-B effective until January 2014, and that he had violated the order several times by following her to work, parking outside their child’s daycare and staring at her, following her into a grocery store, and appearing at friends’ homes where she was,” Crotts said. Smith gave him two photographs, one a friend of hers took and one she took with her cell phone, which she said showed Mattocks stalking her.

Ashley Cannon, Smith’s attorney, asked Crotts, “So she came to see you in July and said Mr. Mattocks had been stalking her for three years?”

Crotts said yes.

Biernacki asked Crotts, “Why do you not find her credible today?” and Crotts answered it was because the pictures appeared to be the same ones she used in a previous court case against Mattocks, not recent ones that would show that he was continuing to stalk her.

Smith also told Crotts that Mattocks had gotten into her email account and listed items on Craigslist, but attorney Lori Hamilton-DeWitt testified she’d been an arbitrator in a small claims case between Smith and Mattocks, and that Smith admitted listing some of the items herself on Craigslist, household things that were to be returned to Mattocks after the break-up. When the items didn’t sell, she gave them away.

Crotts said Whitesides took over the case, and Whitesides began his own investigation of Mattocks, spending free time observing the parking lot near the daycare.

“I had made up my mind if Nolan Mattocks was there, I would nab him while he was there, but he never showed up,” Whitesides said.

The photos Smith turned in were confirmed by Mattocks’s probation officer to be the same ones used in another case and one of the photos was taken in Forsyth County.

“I’ve had more complaints in her case than in any other case I’ve ever investigated,” Whitesides said. “Many of her complaints are unsubstantiated, things like, ‘I’m in my car and he’s behind me again, lock him up.’”

Whitesides said Smith left him “a nasty message” on his voicemail when he was in the hospital for three weeks and “nearly died,” asking him what kind of job he was doing.

“I don’t respect her. I think she has filed numerous untruths. The only reason Mr. Mattocks was charged with felony stalking is because her neighbors made the complaint,” he said.

Cannon asked, “So your thinking is that Mr. Mattocks is the victim?” and Whitesides replied, “In some parts of this, yes.”

Smith took the stand, punctuating her testimony with dramatic hand gestures and facial contortions. She said she had been “documenting this stuff for years,” and that “no one would ever take the time to talk to her” about Mattocks.

“This has been going on for what feels like forever. I want to have a life. I don’t want to have to keep looking over my shoulder. I want to feel safe, and I thought this county was gonna help me feel safe,” she said.

Cannon asked Smith if she ever intended to mislead officers, and Smith said no.

Smith testified she moved to Florida in late October, and that every month, their child, who will be 4 in June, has to fly with an adult back and forth for visitation with Mattocks, who lives here.

She gave a rambling account of how the photos ended up with Whitesides, saying she couldn’t remember if Crotts took the photos from her when they met, but then said an officer came to her door one evening to get the photos. She had a voicemail from Crotts telling her to bring the photos in, prior to the officer being at her house, but said she hadn’t taken time to listen to the voicemail. Cannon asked her if she knew who the officer was and she answered, “I didn’t think to look at the badge because I was just focused on getting him what he asked for, which I didn’t have, so that was kind of frustrating.”

Biernacki noted there were no date stamps on the pictures, and Smith said they were both taken in 2012, and that she was providing them to “show a pattern” of behavior by Mattocks.

She said she received a call from Mattocks’s stepmother just before Christmas and was told Mattocks was going to drive with their child in the car.

“So that’s your proof of stalking?” Biernacki asked, and Smith answered, “Yes.”

Biernacki and Judge Wayne Michael asked Smith if she had any recent evidence of stalking by Mattocks, and she said there was an incident before she moved but that she didn’t report it.

Biernacki pointed out the incident when Smith said Mattocks followed her into a store didn’t happen the way she said, because when the manager reviewed the video, it showed Mattocks entered the store first.

In her closing argument, Cannon said, “Nolan Mattocks has been convicted of felony stalking, had 50-B violations and had probation violations; she has every reason in the world to be concerned for her safety. What she took to the sheriff’s department that day were photos requested by an officer that showed stalking, a course of conduct by Nolan Mattocks. There is no evidence she took the pictures in for the purpose of interfering with law enforcement. The other warrant, in regard to her Craigslist account, all she said was that she found out he stole her identity. There is no evidence that she did anything for the purpose of interfering with law enforcement. She was doing it because she has been a victim of domestic violence for years.”

Michael found Smith guilty on both counts.

Biernacki said the record she had showed no prior convictions for Smith, but said she believed she had been convicted of DWI in Maryland and may have an alcohol and/or substance abuse problem. She said the state wanted Smith to get a mental health assessment and comply with any recommended treatment, but Cannon said Smith is already receiving care for mental health in Florida.

Michael said he was concerned that Smith perceives every action by Mattocks as stalking.

He consolidated both charges, sentencing her to 45 days, suspended for 18 months unsupervised probation. He ordered her to continue her mental health treatment and said any further requests by her for any type of process against Mattocks must be reviewed by a district attorney prior to issuance. She was also ordered to pay court costs.

She appealed.

Smith’s DWI charged stemmed from June 19, 2013, when Smith was found passed out at the wheel of her car on Bermuda Run Drive at 5:40 a.m. The trooper at the time noted she was unsteady on her feet and had a moderate odor of alcohol about her. She refused a Breathalyzer test.

Michael found her guilty, sentencing her to 60 days, suspended for 18 months unsupervised probation. She must perform 24 hours of community service within 120 days, surrender her license and not operate a vehicle until she is licensed to do so. She was given credit for a substance abuse assessment and must follow any recommended treatment. Smith must pay court costs, as well as a $100 fine and $100 DWI fee.

The charge of driving without a license was dismissed per plea.

Source: Davie County Enterprize