Man charged with assaulting officer

By Abby Morris-Frye
star staff
amorris@starhq.com

  A Jonesborough man was arrested Sunday afternoon after he reportedly assaulted a police officer who responded to a residence on Gap Creek Road on a report of a domestic dispute.
  David James Summie, 36, 891 Hairtown Rd., Jonesborough, was arrested shortly after noon on Sunday by Carter County Sheriff's Department Deputy Brad Hamm and charged with disorderly conduct under domestic violence, assault on an officer, resisting arrest and vandalism.
  According to reports, Hamm was dispatched to the Holiday Market on West G Street to meet with a female subject in reference to a male making threats to her at her residence. "Upon my arrival I spoke with a Tracey Phillips, who advised me that her ex-husband, David Summie, was at her residence located at 1741 Gap Creek Road, and they had been in a verbal altercation in the front yard of the residence earlier in the day," states Hamm in his report. "Mrs. Phillips stated that Mr. Summie did not live at the residence, and that he had been at the residence since she had went and picked him up on Friday, the first of October."
  Phillips told Hamm that she had asked Summie to leave the residence for the past two days but he had refused, according to the officer's report.
  "Mrs. Phillips stated that she did not want Mr. Summie to know that she had called police and asked if I would arrive at her residence three-to-four minutes after she had returned to her residence so Mr. Summie would think a neighbor had called," states Hamm in his report. "I then agreed and arrived at the residence of 1741 Gap Creek Road after Mr. Phillips."
  When Hamm arrived at the residence, he knocked on the door. When Phillips answered the door, the officer asked her if someone had been fighting at the residence. "Mr. Summie came to the door in his underwear and stated that it was just a verbal argument. I then asked what the two had been arguing about, and Mrs. Phillips and Mr. Summie stepped away from the door, and I stepped into the residence," Hamm stated.
  After the officer stepped inside the residence, Summie said he did not have a right to be there. Hamm replied that he had been advised of a domestic altercation.
  "After speaking with Mr. Summie, who was noticeably agitated and disorderly the whole time of the call, Mr. Summie stated that it was not any of my (expletive) business what was going on in the residence or any of the (expletive) neighbors," states Hamm in his report.
  When Hamm asked Summie if he lived at the residence he replied that he lived there occasionally, and when Hamm asked him to clarify what he meant, Summie said that he stayed there on weekends.
  "I then stated to Mr. Summie that if the two were arguing, that he needed to leave the residence while I was there. Mr. Summie stated that it was none of my (expletive) business when he left the residence and that he would leave when he was ready," states Hamm. "I then told Mr. Summie that he needed to get some clothes on because he was leaving the residence while I was there."
  At that time, Summie advised the officer that he was going to leave the residence in approximately 30 minutes. Again, Hamm advised Summie to get dressed and that he would have to leave in the officer's presence.
  After ignoring the officer's commands, Hamm tried to take Summie into custody for the charge of disorderly conduct under domestic violence, but Summie refused to get on the ground as ordered by the officer. "In the struggle, Mr. Summie was able to get my back to the edge of the front door and put his foot against my chest. I then began trying to retrieve my OC spray from my duty belt. Mr. Summie then struck me in the left side of the face, knocking my glasses off," Hamm said. "I then struck Mr. Summie with my right hand to get Mr. Summie away from me. Mr. Summie then fell to the ground. I then was able to call for back-up on my portable radio."
  At that time, Summie was beginning to stand up and Hamm administered a one-to-two second burst of his OC spray to subdue Summie until the officer could handcuff him. After handcuffing Summie, Hamm placed him in the back seat of his police cruiser.
  After taking Summie into custody, Hamm began speaking with Phillips to get information about the incident. "While I was trying to get information from Mrs. Phillips, Mr. Summie was still screaming and beating around in the back of my police unit," Hamm states in his report. "Mr. Summie then turned and kicked the driver's side rear window of my police unit out of the weather seal."
  Hamm then went to his police cruiser and again administered a one-to-two second burst of OC spray on Summie to attempt to subdue him.
  "Mr. Summie was still belligerent and disorderly while I waited for Sgt. (Keith) Range to arrive on the scene to speak with Mrs. Phillips who was wanting to file a complaint on myself because Mrs. Phillips stated that the way I arrested Mr. Summie was not necessary," states Hamm in his report. "While I stood by at the scene for Sgt. Range, Mr. Summie made the statement several times that I was out of a job and that when he got out of jail I was a dead man."
  Range arrived on the scene and transported Summie to jail, where he was treated by members of the Carter County Rescue Squad for a laceration on the chin which Summie had sustained in his struggle with the officer. "From reports, Mr. Summie is on bond from charges from another officer in the department that Mr. Summie threatened to kill the officer when Mr. Summie was arrested in the last incident," Hamm states in his report.
  Summie is scheduled to appear in General Sessions Court on Oct. 12. Since his arrest on Sunday, Summie has since been released on bond.