Former Pittsylvania County administrator David Smitherman has filed a charge of assault and battery with Pittsylvania County General District Court against Chris Baker of Penhook.
The incident included Smitherman being pushed into the water at Smith Mountain Lake.
According to the criminal complaint, on July 31 around 1 p.m., Smitherman was at Smith Mountain Lake on his dock cleaning when a blue pontoon boat went by at a rapid pace approaching the No Wake Zone. The boat had five occupants plus the driver. The boat did not reduce speed when it entered the zone, so Smitherman yelled out, “No wake!” The boat didn’t respond, and that was when Smitherman realized the captain was Baker, manager ofThe Dock.After he yelled “No wake” again, it was claimed the boat's motored revved up. Then, Smitherman allegedly said, “Chris, you’re messing up.” repeating three times with his right arm in the air and middle finger raised.
The complaint also states Smitherman has had repeated problems with Baker’s actions in the No Wake Zone. DWR and Pittsylvania Sheriff’s deputies have visited at least three times in the past month. After wrapping up chores, Smitherman drove to see Baker at The Dock at approximately 1:30 p.m. He turned his audio recorder on and reportedly asked him, “What are we going to do about the No Wake Zone?” Baker allegedly replied, “I don’t know what you’re talking about.” Smitherman rebutted with, “Are you telling me you were not going above the No Wake Zone speed earlier?” Baker roughly then said, “Did you give me the middle finger?” Smitherman replied in the affirmative, and Baker allegedly said, “Do it to my face.” Smitherman did and was supposedly pushed into the water by Baker, damaging his phone, wireless headphones and losing his hat.
The complaint also stated Smitherman was in shock finding himself completely submerged with no ladder or other way to get out. He pulled himself up to the floater and kicked his way back onto the dock, allegedly hurling an expletive at Baker. Baker allegedly replied, “We’ll see.” and told Smitherman to leave the dock.
Smitherman served as administrator of Pittsylvania County from Dec. 2016 to Jan. 2022 when he was fired by a 4-3 vote from the current Board of Supervisors.
An arraignment date is scheduled for Aug. 8 at 8:30 a.m.
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