Decatur County, IN — A Westport man was sentenced Wednesday in Decatur Circuit Court following his conviction last month on charges of Battery on a Law Enforcement Officer and Resisting Law Enforcement.
Mark Smith was accused of running from Westport Town Marshal Joe Talkington and Deputy Marshal Damon Land on October 18, 2021, when they tried to detain him for questioning about a suspicious person call.
Court documents indicate the officers chased Smith on foot and ultimately engaged him in a physical altercation, during which Smith was subdued and Land was injured.
Smith was convicted following a two-day trial on October 18 and 19 on charges of Battery on a Law Enforcement Officer (Level 5 Felony), and Resisting Law Enforcement (Level 6 Felony).
Decatur County Prosecutor Nate Harter made the State’s case in the jury trial and at the sentencing hearing and expressed gratitude to the jury for its service.
“I am always so pleased with juries in Decatur County. They consistently take the time to be thorough and thoughtful. Here, I think it was 9 pm before they finally returned verdicts, genuinely discussing and debating the merits of the case. That’s all any prosecutor, defense attorney, defendant, or judge could ask for,” Harter said.
At the sentencing hearing, Harter recommended a sentence of three years in prison and one additional year on probation, consistent with the wishes of the injured officer.
Harter supported the recommendation by pointing to Smith’s long criminal history, including Operating While Intoxicated, Intimidation on a Law Enforcement Officer, Neglect of a Dependent, Resisting Law Enforcement, Battery Resulting in Bodily Injury (twice), Public Intoxication, Operating with an ACE of .08 or more, Minor Consuming (three times), and Possession of Hash Oil.
Smith did not testify at sentencing.
Decatur Circuit Judge Tim Day imposed a sentence of 525 days in jail plus 570 days of probation. One of the conditions of Smith’s probation is that he pays Land’s medical bills.
Harter expressed satisfaction with the outcome.
“Damon Land and Joe Talkington came to work from an off-duty status to respond to requests for help from residents there, and ultimately got into a street fight with Mr. Smith. I know they appreciate all the support the people of Westport provide to them, and on that October day, they certainly earned it,” Harter said. “Mr. Smith may not have gotten the world’s longest sentence, but I hope he and others learn a simple lesson about running from and fighting the police.”
