WILKES-BARRE TOWNSHIP, PA — Police arrested David Smiley, 33, of Wilkes-Barre, after he called 9-1-1 to report a non-emergency issue on July 8.
Upon making contact with Smiley, police found a Protection From Abuse order awaiting to be served upon him.
Officers served the order and advised Smiley that he was required to vacate the residence in accordance with the court’s order.
After leaving the residence, Smiley became verbally confrontational with officers, repeatedly approached police taunting them, and threw the PFA paperwork at a marked patrol vehicle, ultimately landing onto the roadway.
As officers remained at the location awaiting the protected party’s arrival to secure the residence, Smiley placed multiple non-emergency calls to 9-1-1 demanding officers leave the area.
Despite being advised by 9-1-1 personnel and police warning him that continued misuse of the 9-1-1 emergency system would result in his arrest and criminal charges, Smiley placed an additional 9-1-1 call reporting the same non-emergency complaint.
Smiley placed six non-emergency calls to 9-1-1 within one hour.
Further investigation found Smiley had placed over 40 non-emergency 9-1-1 calls since March for other than emergency purposes.
Officers then attempted to place Smiley under arrest, where he failed to comply with repeated lawful commands, walked away from and actively resisted officers.
A department-issued Taser was deployed after Smiley refused commands and reached into his pocket and forcibly threw his cellular phone directly toward an officer’s head, narrowly missing the officer.
Following additional resistance, use of the Taser proved successful, and officers were able to take Smiley into custody without further incident.
