A Kentucky legislator has been given an October 6 court date to answer a criminal complaint filed by his neighbor following a dispute between the two regarding a fence project.
Ancil Smith, (D) Leburn, who serves as representative for the 92nd district of Magoffin, Knott, and Letcher counties, is scheduled to appear in Knott district court next Tuesday to respond to a complaint filed September 24 by David Wesley Hayes.
In the complaint, Hayes charges that on September 23 Smith “committed the offense of assault 4th, terroristic threatening, and harassment” by punching him in the ear and threatening to get a gun and kill him.
In a telephone conversation Tuesday with the Salyersville Independent, Representative Smith admitted to punching Hayes, but denied the charge that he threatened to get a gun or to kill Hayes.
“I hit him,” Smith said. “He called me a bastard and that meant that my mommy did something wrong and raised me as an illegitimate child. It made me mad.”
The Knott County neighbors apparently had a disagreement over a fence Hayes had erected along or near the property line of his land and land belonging to Smith.
Hayes and Smith were discussing the fence issue when Smith says Hayes made the derogatory comment.
“I did hit him but I didn’t say anything about getting a gun or about killing him,” Smith said. “People will say anything and that’s how stuff like that gets started.”
Smith said he hadn’t been served with any court summons or received any official information regarding the criminal complaint or a court date.