Man Arrested for Allegedly Attacking a Philadelphia Judge
According to sources and court records obtained by The Legal, 24-year-old Devin Smick was arrested in connection with an incident that occurred at the home of Philadelphia Judge Michael Fanning on Oct. 12.
November 08, 2019 at 03:54 PM
4 minute read
A man has been arrested for allegedly attacking a Philadelphia judge in his home, including hitting the judge over the head with a hockey stick.
According to sources and court records obtained by The Legal, 24-year-old Devin Smick was arrested in connection with an incident that occurred at the home of Philadelphia Court of Common Pleas Judge Michael Fanning on Oct. 12. Records said the judge sustained a large laceration on his head, which was treated with nine staples and glue at Jefferson Torresdale Hospital.
The U.S. Marshals Office Fugitive Task Force arrested Smick on Nov. 1 at a Dunkin' near the Franklin Mills Mall, a Marshals Office spokesman confirmed.
Fanning did not respond to a call left at his chambers Friday.
According to an affidavit of probable cause filed in the case, the incident happened during a family get-together at Fanning's home. The document said one of Fanning's daughters had invited some friends over, including Smick and Smick's girlfriend. The affidavit said that, after Smick became aware that Fanning's oldest daughter—referred to in court papers only as "M.A.D."—was a probation officer, he began asking her about having a detainer he had against him lifted.
Soon after, the document said, Smick and his girlfriend—identified as Arielle Wittman—began yelling and arguing, before Wittman locked herself in the bathroom. Smick, the affidavit said, continued yelling obscenities, and then Fanning told Smick he needed to leave.
Smick approached Fanning aggressively, and an altercation ensured, according to the affidavit. At one point Smick broke a hole in the kitchen wall, the document said, and the two ended up in the garage, where Smick threw a Twisted Tea bottle at one of Fanning's daughters.
The affidavit said Fanning continued trying to get Smick to leave, at which point Smick allegedly pulled out a knife and began swinging it. The affidavit said Fanning got a hockey stick to fend off Smick, and the judge put himself between Smick and his daughters, who were also in the garage. However, according to the records, Smick ended up taking the hockey stick from Fanning, and hit him over the head.
Smick then used the hockey stick to smash a window of Fanning's car, and while Smick was doing this, Fanning closed the garage door, the affidavit said. Smick, according to the records, then left with the hockey stick.
Court records say Smick was arraigned Nov. 2. He was charged with aggravated assault, simple assault, criminal mischief, recklessly endangering another person and possession of an instrument of a crime. According to the docket, bail was set at $150,000. A preliminary hearing is set for 8 a.m. Nov. 21 before Judge Christine Hope.
Fanning was appointed to the bench in 2014, and won a full term seat on the Philadelphia bench in 2015. Fanning has since served in the Family Court Division, most recently in the Domestic Relations section. Before becoming a judge Fanning was a criminal defense attorney.
Court records show Smick has a criminal history stretching back at least five years.
According to court records, Smick was previously charged with simple assault in 2013. He pleaded guilty to the charges, according to the docket. The case was heard in Bucks County Court of Common Pleas.
In Philadelphia, he was also charged with several counts of careless driving in 2014, as well as simple assault and disorderly conduct in 2016 and criminal mischief, disorderly conduct, tampering with property and trespass in 2017.
None of the criminal dockets indicated that Fanning had presided over any of Smick's cases.
A spokesman for the Philadelphia Court of Common Pleas declined to comment about the incident.
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