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Smith County deputy arrested by Texas Rangers

Smith County deputy arrested by Texas Rangers

POSTED: Wednesday, January 13, 2010 - 7:08pm

UPDATED: Monday, June 13, 2011 - 9:53am

TYLER - Smith County Sheriff J. B. Smith tells KETK Deputy Terry Lindsey has been arrested Wednesday night by the Texas Rangers on charges of excessive aggravated assault with a deadly weapon on Joshua Barnes.

Sheriff Smith says the arrest comes after an investigation being conducted by the Texas Rangers and the FBI.

Sheriff Smith says Lindsey allegedly used execessive force with a deadly weapon when arresting Barnes at a party December 26th that took place at Lindsaey's home.

Barnes has already been arrested for the stabbing death of James Brandon Lee and is being held in the Smith County Jail with a $500,000 bond.

And now Lindsey is facing federal charges for acting under color of the law and is being held in the same jail with a $350,000 bond.

Lindsey was fired upon his arrest.

Jessica Wilson / KETKnbc.com

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I'm sorry to disagree with anyone about this incident but the facts are there have been too many instances of local area police, sheriff's deputies, constables, and any other law enforcement agiencies you care to mention whose officers have been getting in trouble for one thing or another. Maybe this guy is a nice person. perhaps his wife is a good woman. Perhaps he has good children and maybe he has metals and accommondations all over his wall. He is still in trouble.

I really hate that we have such idiots in our midst. A peace officer is a person that puts him or herself in the position to keep the public safe from those that break the law. They are not God or superhuman. They are people. People sometimes fall but that does not make them bad. Terry just saw his friend killed. I think he did what anyone in his shoes would have done. That piece of trash sitting in jail for murder deserves everything he got. I back Terry and for that matter Dep D.Leon also. Doesnt anyone remember when he risked his very life to try and save Constable Getty. He had a newborn and two other children at home and he put himself in the line of fire for a fellow officer. So shut up about how corrupt our Sher Dept is. These officers kept me safe in my job at a local hospital and I feel I owe my safety to them. And why bring up a mans suicide like its nothing. His family may read this you selfish bum.

i don think its right how the news makes somebody like terry that is a real good guy how somebody could get punished for somehing that he did out of reaction to wat happened . nobody can say that they wouldnt do the samething if they were in his situation, cause he was trying to get that guy under control, cause you know if he got beat as bad as he says he did there would be more bruises and scratchs on his face.

Is brandons life not important in all this? He is the one who was killed.. Why does the news never report on what is really important? The news is only covering the guy who MuRdered someone and just wants to get off easy and make people feel sorry for him by putting blame on terry. They take something and twist it around to where the good guy(terry) ends up lookinq like a bad guy.. Wich is not the case. He is a wonderful person. I wish I was at the party I would have done the same thinq. NOONE has the right to take someone elses life. And if some one does No matter who they are...well all there rights to me should just go out the door. That little pricks barnes his bruises will go away but brandon will never get his life back will he. I think terry did some justice to brandons name and he should be proud of his self. To all you a holes saying terrys a bad person are amazingly DUMB.

I am so sick of reading these same ignorant responses over and over again. Is it tragic that your friend was murdered? Yes. Absolutely. Did it give Lindsey the right to beat the tar out of the suspect after placing him under arrest while acting as a peace officer? Absolutely NOT. There were a lot of lies going around to attept to protect Lindsey in the first few days after this incident, and now the truth has come out. Lindsey, his wife, and his friends found it easy to lie to the Sheriff's Department, but when you're sitting across the room being interrogated by the FBI and the Texas Rangers, it's not so easy to lie. They have all admitted the truth not, so quit trying to say that the story has been twisted. Facts are facts. Lindsey has admitted it, so why don't you all just admit that maybe you don't know your friend as well as you thought you did. If Lieutenant Gary Lile hadn't blown his brains out two years ago, your friend Lindsey would have gone to prison over the scrap yard theft he was involved in back then. But all of that died with Lt. Lile. Bet you didn't know that, did you?

actually 10-4, terry lindsey nor his wife or anyone else admitted to any wrong doing. again your just another case of some idiot who thinks he knows but does not. terry and his wife and all other material witnesses were completly forth coming on the night of the events, as to exactly what happened and how. the only person who changed any story for the feds is this nichole scudder. her original statement does not match what she told them at all. terry never denied having to use force to subdue the murdering, military trained killer, that night. what you didnt hear was that he repeatedly told terry lindsey how he is trained to take that gun away from him and how he kept refusing to submit to be cuffed and had a sick little smile on his face the whole time. how does someone who is being savagely beaten manage to make two phone calls. how is it that barnes mugshot he has a few red marks and a bandaid on his face but no broken nose no black eyes and no knots on his head. imagine how much damage there would really be if he truely was not fighting back and was being hit with solid metal objects!! so maybe you all should think about the accuser before you trust there alligations. supportterrylindsey.com

Exactly, Glock Man! This guy was hosting a drinking party with a bunch of young tough guys. What else would have been the final outcome?

Reality is not negativity. The (non-convicted) killer is a "human" too. Everyone has a family, so drop that emotional plea. Deal with the facts: This "murder" happend during a drunken brawl.

I would like to know how many of y'all with the negative attitude work or worked for smoth county or as a officer in any other county just because you work as a officer does not mean you no longer are human and if you think that you are stupid and why isn't there any thing written or reported on the murder that everyone is believing maybe you should go read his facebook page and find out why he was on medical leave focus on the murder instead of a human that was at his house trying to enjoy his time off

I would like to know how many of y'all with the negative attitude work or worked for smoth county or as a officer in any other county just because you work as a officer does not mean you no longer are human and if you think that you are stupid and why isn't there any thing written or reported on the murder that everyone is believing maybe you should go read his facebook page and find out why he was on medical leave focus on the murder instead of a human that was at his house trying to enjoy his time off

This is for Kenny; Im in the 21st century
as much as I care to be. If it means typing
remarks about things I know not a thing about then I will have to say you are correct. As far as the wife of this good man, If you have anything else to add here
is MY # 903-714-9980. Out of my 43 years of life She is in the top five finest people that I have ever known. Mabe you should rethink your statement on Her, So call me and we will talk about news vs truth,and how real men put their
full name and contact info.
Respectfully
Greg Perry

i would also like to say that i agree with you greg 100%! and if that soory a**** glock man or kenny would like i will exted yall the same deal as greg did. heres my number (903)530-4432. since yall have repeatedly refused my offers to do it face to face at my shop! cowards!

CONGRATS, LINDSEY! Someone had to steer the media from the fact that Deputy Leon who resigned after an internal investigation for stealing, then rehired to the jail, and now promoted to patrol status again. I mean dammit boy you could have done something a little more quiet to keep the Sheriff's office problems quiet. I mean hell, Thomas Burns was bagging chicks on duty, Albert Bell sleeps at the tower every night, Sgt. Toby Hughes navigates around the unreasonable search and seizure rule with the CR 35 trailer trash and your boy Josh Black drives crazy during rush hour to get to work ontime. All of these could have been a better choice to keep the noise down but, hell, you went all-star!

Quick question, what does SCSO Dep. Terry Lindsey, Dep. B.J. Williams, Dep. Daniel Leon, former Troup PD Chief Chester Kennedy, Jacksonville PD Officer Charles Wells, and officer Larry Pugh have in common?

All are unworthy of the title of PEACE OFFICER.

Oh, and to anyone who wants to say "what would you have done?" Well that is exactly the problem. He did what most people would do, however; it doesn't make it any more legal or right. There is a certain "Crime of Passion" written into TX Pen. Code which reduces the offense one level. If I would have done the same or you then we would be in the same place with a little less media coverage. The main focus is that Lindsey WAS a Peace Officer and that he KNEW that everything he was doing was wrong and then after the fact lied about it. Hell, I have even heard he called a fellow officer BEFORE calling for 911. Imagine if that is true...it shows intent and shows the cupable mental state that the assault was intentionally and knowingly.

EVERYONE at that party could have been on drugs.

No matter what is said about Terry or Barnes, the fact still remains that Brandon was killed and it seems that all KETK is doing is getting away from that fact. I wasn't there that night, but it is very hard to imagine a party going from fun to Brandon being stabbed, twice at that. We will never have the chance to talk to him again, and we all miss him so much. Everyone who knows Barnes will get to see and talk to him again. As far as Terry is concerned he had every right to defend his friends, family, and home. If he hadn't we might have lost someone else that night. Thank you Terry for keeping everyone safe.

kenny, that was not 'news'. it looked like some trash a teenager would post on youtube, not a professional news story.
and you have no idea what you are talking about

I would have shot him first then ask question later

The reason he was arrested is because he chose to arrest the man, then beat him after he was in handcuffs. You can't do that. If he wanted to beat him up then fine, but you can't act in your official officer duty, and handcuff someone, then beat the hell out of them. No one is saying he was wrong for wanting to beat up or kill the guy, but if you are an officer and choose to act as one, then you must follow the law.

So....If you for example, had been in Terry Lindseys position that night, what would you have done assuming you are not a law enforcement officer but just another Jo having freinds over?

Kenny,
You might want to do a little research before you post. First of all, the law is unlawful restraint, not imprisonment. How do you think Lindsey's wife was involved? I wasn't there, but even if she was somehow able to keep Barnes there, after a felony has been commited, citizens have every right to restrain a suspect to await law enforcement.
As for Barnes, you have your story, but I have my information sources too. If mine are right, your boy doesn't stand a chance in court...

WE HAVE THE SAME SHERIFF ONLY BECAUSE HE WAS INVOLVED IN THE SCANDALS AND COVERED IT UP FOR EVERYONE SO WHY WOULDNT THEY KEEP VOTING HIM IN? HE THE MOST CROOKED OF THEM ALL!!!!

So why don't run against him O mighty one? And what does this have to do with Josh Barnes KILLING Brandon Lee? By the way future Smith County Sheriff, just what would you do if someone stabbed and KILLED your best freind in your yard in front of you????? Seriously I would really love to hear what all these people think they would do if they were in the same situation?

To those of you that have already commented on this story and have already judged this man....were any of you there or eye witnesses to the tragedy that occurred there? If not, who are you to judge? I thought we lived in a world where all people were judged innocent or guilty by due process of the law. Since I was not there, and have only heard what the media has put out there, I will not condem a man for protecting his family, and if the murderer was under the influence of drugs/alcohol whose to say Mr Lindseys "excessive force" was not warranted? This man is a son, brother, husband and father, DO NOT JUDGE him on heresay and news reports that have been released, lets hope we still have some justice in smith county.

It breaks my heart to think of Brandon being murdered, and now to have Terry charged, is adding to our sorrow. I know the party should never have happened the way it did, but Brandon did not deserve to be murdered and Terry does not deserve to be in jail. Those guy were classmates and friends and when Terry saw someone killing his friend; what was he supposed to do? He was not on duty as a cop, he was at his own home and his friend was being murdered. If Barnes was so mad he killed Brandon, then how do we know how much he tried to hurt Terry. Even a policeman has a right to save his own life, how did he know if Barnes was going after someone else. We weren't there, so how do we know what happened. I just know if I had seen Brandon being murdered, I would have picked up anything I could have found and tried to stop the man who was killing my friend. Please let us stop and put ourselves in Terry's place. He needs our prayers and so does his family and Brandon's. I hope Barnes gets what is coming to him, and people will stop feeling sorry for him, and think about the fact he killed someone's son, brother, and friend.
Ms. Claudie

Thank you!! At least there are a few people left in this county that have a brain. To the rest of you trash (You know who you are) you DO NOT know the details of that night & the real crime here was the murder of a wonderful man. It is never wrong to defend your family & friends at your own home!!!! Thank You Terry!!

The reason he was arrested is that you can't arrest someone and put them in handcuffs and then beat the hell out of them. I don't blame him for being angry and being enraged by what had happened to his friend, but once he chose to arrest the guy and put him in handcuffs, you can't touch him, let alone beat the hell out of him. No one is saying you can't protect yourself, but he did it the wrong way.

Just another case of Smith Co. Justice.
Hey SCO, did ya notice we still have the same Sheriff?
Pistol whipping someone is illegal no matter who does it or why and if they're wearing handcuffs it's called "abusing a suspect" and draws the immediate attention of the Feds.

Hey Greg, it's called "news". Join us in the 21st century and focus your anger not on Jessica, but on these criminals.

If he wasn't arrested WE the Tyler taxpayers would have to pay for the lawsuit Barnes would have brought.

Barnes will be found not guilty due to self defense.

Besides, what kind of upstanding copper gets his buddies (including the underaged ones) liquored up - then can't deal with the outcome until he's got a guy physcally restrained, then decides to get "brave" wiht a beating? Just like thos 2 deputies in Rusk a while back. So many 'big men' get away with beating people up because they are "upset". Wish I could do that! Good riddance.

Why wasn't his helpful wife arrested for unlawful imprisonment?

Kenny,
After a little research on you, one one thing I am curios about is, how much DOES KETK PAY you to comment on all the different stories?

I WOULD LIKE TO SAY TERRY IS AN UPSTANDING CITIZEN, NOT A CORRUPT DEPUTY. IF YOU WANT CORRUPT DEPUTIES READ "SMITH COUNTY JUSTICE" AND THERE THEY ALL ARE!!! DOES ANYONE WONDER WHAT STATE OF MIND HE WAS IN JUST SEEING HIS BEST FRIEND GET MURDERED? WOULD YOU BE CALM ABOUT THE SITUATION? SINCE WHEN IS A MURDERER A VITCIM AND A PERSON THAT SAVES OTHER LIVES A CRIMINAL?

Hate to say "I told you so" but...

Jessica; You are not as agressive as you were when you made this in to a
FED case a few weeks ago, Mabe the Bankrupcy court out of Lousana that sends your paycheck sugested that you shut the up with your Jr High
gossip. I hope that you do not look for a P Prize out of this. Why dont
you report on how barnes Killed a good person for on reason.Barnes Dad needs to realize that helping this coward not take responsability is not
going to change the fact HE IS A IDIOT THAT KILLED A MAN FOR NO REASON.
I will to say . His father is a coward also. And you have stired the nest.

Good I am Glad they got him out of the department before he tarnished the badge and law abiding officers anymore. He looks like one of those who thinks the badge gave him the right to do what ever he wanted to.

Don: You can judge a book about its cover so dont judge someone you dont know!! looks are always what they seem

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