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Smola and Shelley disputeFri, 10/10/2008 - 3:03pm
By: Ben Nelms
Campaign signs in many contests for elected office are removed illegally with far more frequency than many people might imagine. But an incident Oct. 5 in Tyrone was one that resulted Fayette County School Board member Janet Smola accusing Tyrone resident Dick Shelley of being caught red-handed removing her signs for the November election from a location at Carriage Oaks Drive along Ga. Highway 74. Tyrone Police officers arrived at the scene and subsequently filed at report obtained by The Citizen. Smola on Monday filed a warrant application in Tyrone Town Court claiming that Shelley stole her property. The next day, Shelley filed a warrant application in Fayette Magistrate Court claiming false imprisonment, assault and attempted battery, according to court documents and Shelley’s supplemental report obtained by The Citizen.. The incident between Dick Shelley and Janet and Mike Smola occurred at approximately 5 p.m. in front of SouthCrest Bank on Hwy. 74. Tyrone Police Sgt. Eric DeLoose arrived in the area after Janet Smola had called police. Sgt. DeLoose observed two males and a female standing in the parking lot, according to police reports. As the officer pulled into the location, a male and female, later identified as Mike and Janet Smola, were trying to leave in their vehicle and the other man, later identified as Richard Shelley, was entering his pick-up truck, reports said. The officer’s report said that as he arrived he noted that Shelley’s truck was blocked in by the Smolas’ car, the report said. All parties exited their vehicles as the officer pulled into the parking lot. The officer began speaking with the three but the two parties soon began arguing with each other, reports said. Once they were separated, Ms. Smola told police she and her husband were across the highway and noticed Shelley pulling up her campaign signs in a location on private property where she had already obtained permission to place them. Ms. Smola said they had pulled into the bank parking lot to get a picture of Shelley’s license plate and had pulled up behind his vehicle. Both parties told officers that the other party had yelled, cursed or threatened the other prior to the officer’s arrival. Janet Smola said she observed Shelley pulling up her signs and placing them in his truck. The officer checked Shelley’s truck and found two signs there. Reports indicate that Shelley acknowledged removing Smola’s signs. “Mr. Shelley said that he did so because he was driving around checking his candidate’s signs that he put out, and noticed that his two signs for Nicole File were laying behind the brick bank sign on the corner of Hwy. 74 and Carriage Oaks Drive. Mr. Shelley then said that he believed it was Mrs. Smola or people putting signs up for her pulling his candidate’s signs up, because their signs were placed where his were in the ground,” the police report said. Asked what he had intended to do with Smola’s signs, Shelley said he was going to take them to Smola’s home and drop them off, reports said. Shelley also noted that he has a pending lawsuit against former Tyrone Town Council member Mike Smola, according to reports. Shelley does have a pending lawsuit against the town of Tyrone on ordinance and business development issues that was filed while Mike Smola served on the town council. Shelley also maintained that Janet Smola’s comment in the officer’s report that she had previously reported him for pulling up her campaign signs was inaccurate. A check with Tyrone Police revealed that no complaint by any candidate had been received at the police department. The police incident report also noted that Janet Smola had been advised of the warrant procedures and that she should probably speak with the town court judge if she wanted to pursue her concerns over the incident, reports said. Tyrone Police confirmed Tuesday that Janet Smola on Oct. 6 filed an application for an arrest warrant. Judge Sharon Pierce will conduct a hearing on Smola’s warrant application. The circumstances of the incident are nothing if not convoluted. Commenting on the Tuesday afternoon, Shelley said he had filed an application for an arrest warrant against Janet Smola with Fayette County Magistrate Court. Court documents dated Oct. 7 noted a complaint of false imprisonment, assault and attempted battery. Shelley’s documents refuted the assertions made by Smola that were contained in the police report, citing what he said were several lies told to police by Ms. Smola. Shelley also maintained that Mike and Janet Smola had previously pulled up his signs. Shelley claims that after the Smolas’ pulled up behind him they exited their vehicle and began running toward him and cursing. Shelley claims Mike Smola had his fist drawn and “was attempting to hit me” while screaming and cursing. Shelley said he retreated to his vehicle with Mike Smola following him and “trying to hit me again, but Janet Smola stepped in front of him.” For her part, Ms. Smola said Wednesday she had filed the warrant application for the theft of personal property relating to the incident. The threats Shelley made led her to believe she was in harm’s way, Smola said. “Mr. Shelley stole my personal property. The issue is that he stole the signs. The evidence was clearly in his truck,” Smola said. “This man took my personal property. When I approached, he threatened me. I’m the one that called police when he threatened. I knew I needed the police, that’s why we got into our car.” Smola said she is willing to let Judge Pierce render a decision on the matter. “What the judge decides is what the judge decides,” said Smola. “The court can decide what to do with Dick Shelley and Janet Smola.” Nicole File is a write-in candidate in November for the school board seat held by Smola. It was File’s signs that were intially part of the incident between Smola and Shelley. Commenting on the incident where her name and her signs were mentioned, File said she hoped the situation involving Shelley and Smola can be resolved. "The matter between Mr. Shelly and the Smolas’ is unfortunate; and although I do not have all the details, I hope that the issue can be resolved in a civil way,” File said Thursday. ”I do not condone anyone from either side removing anyone's signs during a political campaigning process. I have never authorized anyone to remove my opponents campaign signs and I hope that Mrs. Smola would do the same". login to post comments
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