GREENFIELD — Formal charges have been filed in the shooting outside a restaurant earlier this week, with court documents revealing more details about the altercation leading up to the incident.
No one was injured in the shooting, and Mark A. Smith, 62, Greenfield, faces charges of pointing a firearm at another and criminal recklessness committed with a deadly weapon, both Level 6 felonies.
A probable cause affidavit filed in the case states that the victim reported pulling into Long John Silver’s, 2080 W. Main St. on Monday afternoon, Oct. 11, when a man in a pickup truck later identified as Smith who was exiting the parking lot started yelling at him that he was entering through the lot’s one-way exit.
The victim said he apologized but that Smith continued yelling and using profanity, the affidavit said. The victim told Smith he didn’t need to speak that way and started using profanity as well.
Smith started to get out of his truck, the victim said, prompting him to get out of his own vehicle and prevent Smith from exiting his by shutting the door as it opened. The victim said he then saw Smith reach toward the front passenger seat, where he saw a pistol. Smith held the gun low, almost in his lap, with the barrel pointing at the victim, the victim said, adding he put his hands up and backed away, according to the affidavit.
Smith pointed the gun at him again, the victim told police. The victim said he then pushed Smith on the shoulder and that Smith fell over the center console, according to the affidavit.
The victim said he went back to his vehicle and started to call 911 when he heard gunshots coming from the pickup truck. He then saw Smith leave the parking lot driving westbound on Main Street, the affidavit states. The victim followed Smith but could not keep up and pulled over.
A bullet fell to the ground when the victim opened the back passenger door of his vehicle, he reported, which police photographed and collected as evidence. His vehicle was also towed and secured as evidence, and seven possible bullet holes were located, according to the affidavit.
Officers were advised Smith was at an address in the 4400 block of West County Road 400S, where they made contact with him and reported he was cooperative. The affidavit states that Smith told police they could search his garage but not his house and told them where they could find the handgun. His truck was also towed as evidence.
Smith said he needed medical attention and that the man had hit him in the head three times, according to the affidavit. Medics were called to evaluate Smith, but he declined to go to the hospital.
Smith was transported to the Greenfield Police Department, where he declined to give a statement and said he wanted to consult with a lawyer. He asked how he could file charges against the other man, and police told him he’d need to speak with his lawyer since he didn’t want to give a statement. The affidavit states no injuries were observed on Smith throughout the investigation.
Smith pleaded not guilty at his initial hearing in Hancock County Superior Court 2 on Thursday, Oct. 14, and bonded out of the Hancock County Jail. He’s due back Dec. 8 for a pretrial conference.
