Austin – Hayes County Commissioner Walt Smith repeatedly stumbled in pain and claimed his eyes burned during an interaction with police in 2021 that ended with him being charged with driving under the influence, body camera footage obtained KSAT is investigating shows.

Forty minutes of video footage of Smith’s April 2021 car crash and subsequent arrest in Austin was released to KSAT upon request for public recordings, months after Smith stated he did not dispute the obstruction to the pass.

The charge has the same class B misdemeanor designation as a DWI first offense, but is not a charge of intoxication and generally requires the defendant to pay less fines and court costs than a DWI plea bargain.

Smith, who has repeatedly pleaded not guilty since signing a plea agreement with the Travis County District Attorney’s office, was sentenced in September to nine months of community supervision and a five-month order to install an ignition interlock device in his car, court documents show.

Records show that in early November he paid over $500 in fines and legal fees.

“I’m sorry. I’ll start. I’m sorry.”

Smith was driving a pickup truck just after 3 a.m. on April 28, 2021, when officers said he collided with a large van at an intersection along Lake Austin Boulevard.

Smith ran a red light before crashing into a box truck, causing the larger truck to overturn and drag Smith’s pickup several hundred feet, the footage says.

Smith initially told officers that he was fine, but then began to complain that his right knee was hurting, as seen in the footage.

He refused medical attention at the scene at least six times.

“If I thought I needed it, I would ask for it. But my knee just hurts,” Smith said in the footage.

The footage shows that the driver of the other truck was not seriously injured during the accident.

Smith told police that he attended an overnight hearing at the State Capitol, about two miles from the crash site, and was returning to his family’s home in Driftwood, southwest of Austin.

He told officers that he drank two alcoholic drinks and received a 2 on a scale of 0 to 10, where zero means he wasn’t drunk at all and 10 is the most drunk he’s ever been in his life.

Smith, who was cordial but at times argued with officers on videotape, repeatedly doubled over in pain and struggled to take part in a field sobriety test.

“I’m sorry. I’ll start. I’m sorry,” Smith said, struggling to complete the test while standing on one leg.

Officers noted that Smith was swaying and emitting a strong odor of alcohol, according to Smith’s arrest report.

When the arresting officer turned on the light to test for horizontal gaze nystagmus, Smith reached for his eyes and repeatedly said they were on fire.

He blamed the disease on the powder getting into his eyes due to the truck’s airbags deploying.

Smith then repeatedly refused to provide a breath sample at the scene, footage shows.

After the arresting officer completed the field sobriety test, he placed Smith under arrest for drunk driving.

After signing a plea agreement with prosecutors in September, Smith released a statement as part of his campaign calling it a “minor traffic accident” and that the case ended with his “proof of innocence”.

The statement repeatedly contradicts footage of his detention and falsely claims that the officers who arrived at the scene were unaware that he had been defiled.

Several officers on video tapes suspected Smith of a disability.

The full statement reads:

“Throughout my career, I have attended hundreds of legislative hearings and negotiations in support of initiatives and on behalf of my constituents, which sometimes go on late into the night. On April 28, 2021, while leaving the Capitol, I was involved in a minor traffic accident with a local delivery truck. I called 911, spoke to the officers upon arrival, and was taken to the hospital for evaluation of the leg injury. While in the hospital, I was informed that I was arrested for drunk driving, despite the fact that they did not take blood, did not put breathalyzers, and the officers who arrived at the scene did not express suspicions of disability. After examining the evidence, the DUI charge was dropped and I was instead charged with a traffic violation for obstructing the passage. Due to the pandemic, the Travis County court system was overwhelmed and was unable to hear my case for almost a year and a half. While I wish this case had been heard sooner, my attorney was finally able to meet with prosecutors on September 16, 2022, who agreed that the DUI charge should be dropped. While it’s easy to jump to judgment, our court system exists to ensure that evidence is dealt with fairly and decisions are accurate. I take my position as County Commissioner and the safety of our community seriously, and continue my service with gratitude that this matter has been fairly resolved and my innocence has been confirmed.”

Smith did not respond to an email late last month asking for an interview for this story.

Instead, a lawyer representing Smith sent an email claiming that Smith took responsibility for his actions.

After KSAT appeared at the Hayes County Commissioner’s Court hearing on February 28, Smith said he did not see the footage, but reiterated that he was innocent.

“I think the evidence was very clear when the prosecutor would have acted differently,” Smith said before the meeting began.

He disagreed with an additional question from KSAT about the extent of his injuries that night, as the officers in the footage were repeatedly skeptical about whether he was injured.

The arresting officer repeatedly told Smith that he was “fine” in the footage.

“It’s pretty clear from the nature of your question that you don’t want to get to the bottom of the situation,” Smith said, adding that he was treated in hospital for knee and eye injuries after the accident.

“If you need a longer interview or something, I would appreciate it if you could contact us like you did last week,” said Smith, who again did not respond to KSAT’s initial request for an interview. .