PROBABLE CAUSE AFFIDAVIT

Page 1 of2
THE STATE OF TEXAS) Date 04/17/2020 Case No. 20-040710
COUNTY OF WICHITA) Time 0101 Booking No. 01653

l, Ofcer K. McKinley 556 , do solemnly swear that l have good reason to

believe and do believe, that Nicholas Smith , on or about the
l7 day of APRIL , 2020 , unlawfully committed the offense(s) of

P.C. 22.01 Assault Family Violence Victim Pregnant F3 , such beliefbeing based upon
the following facts, to wit:
On 04/17/2020 approximately 2304 hours, I, Ofcer K. McKinley badge 556, in marked WFPD unit
6047 was dispatched to 1600 11th Street (United Regional), in reference to a check welfare. Prior to
arrival, dispatch advised officers that a male subject later identified as Nicholas Smith came to the
hospital with a stab wound to his chest. In addition, the vehicle that dropped Smith off was in ie
parking lot occupied by a female subject.

Upon arrival, I made contact with the female subject whom is the victim of this incident. The victim
had dried blood saturated over her entire body. It should be noted the victim also had swelling to her
entire face, with dark bruising to her left cheek and temple area. Supercial lacerations were located
on her lips and around her nose. I asked the victim what her relationship was to Smith and she stated
that was her husband. I then asked the victim what transpired tonight. The victim who was teary
eyed and emotional told me Smith assaulted her. Furthermore, the victim stated that Smith came
home later than expected and was intoxicated. The victim said Smith came into their bedroom where
a verbal argument ensued. Smith became angry and punched three holes in the wall. The victim told
Smith to leave the bedroom and he would not. The victim attempted to leave the room, but was
assaulted before exiting the room. The victim stated that Smith became irate and with one hand
grabbed the victim by the throat and then punched her multiple times in the face. After punching her
the victim was finally able to go outside. When the victim returned to get her cell phone from her
bedroom another physical altercation ensued. The victim was struck multiple more times in the face
until she fell to her hands and knees. Once on the ground the victim was punched again in the face.
The victim stated once blood started to go all over the oor and down her face Smith stopped
assaulting her. It should be noted the victim stated she felt pain from this incident. In addition, the
victim was seven months pregnant at the time of this assault, which enhances the charge.

After speaking with the victim I spoke with Smith who was being treated for his self-inicted stab
wound. Smith denied any physical altercation took place and at one point stated he blacked out and
doesn't remember what happened.

Based on the totality of the circumstances and to prevent further violence from occurring I placed
Smith under arrest for Assault Family Violence (Victim Pregnant) and transported him to the WCSO
Jail without further incident. Smith does not have any prior convictions for Assault Family Violence.
All of the above events occurred in Wichita County, Texas, unless otherwise indicated.

SUBSCRIBED AND SWORN TO BEFORE ME by

Aiant

Ofcer
/ Sé

K. McKinley badge 556 , a

credible person on this the l7 day of APRIL , 2020

JOSEPH COHEN
'

0
Notary Public, State of Texas
35 Notary lD If 13103984-7 vvvvv

_ v '

My Commission Expires Notary QCMIC for th tats ofTexas

vvvvvvvvvvvvvvvvvv
mu March 13, 2021

On this day of , 20 , I examined the

attached adavit and based thereon nd as indicated below by an "X".
 PROBABLE CAUSE AFFIDAVIT
that there is probable cause to believe that the accused has committed the above offense and hereby ORDER
that the accused be committed to the Wichita County Jail and hereby set bail at $
_unless the accused has previously posted bail according to the schedule approved by the Judges
of the Wichita County Court and County Court at Law.

that there is not probable cause to believe that the accused committed the above offense and hereby ORDER that
the accused be released.

M AG ISTRATE