Alleged Concord Assaulter Arrested Twice

A Concord man was held on cash bail after being arrested two days in a row last months.

James Douglas Smart, 49, of Concord, was arrested at 10:35 p.m. on Aug. 14, on a simple assault (personal weapons) charge, and then was arrested again at 7:02 p.m. on Aug. 15, and charged with prowling, and three counts of default or breach of bail conditions.

According to arrest and court documents, officers were called to Tremont Street for a domestic disturbance with dispatch telling the officers that they heard a woman say, “Ouch, you hit me.”

Officers arrived at the scene and spoke to a woman who said that she and Smart were having domestic problems lately. After coming back from the store earlier in the evening, the woman was on the phone talking with her sister and Smart allegedly became angry, calling her derogatory names, and saying he was “going to do her in.”

Later, Smart allegedly punched her in the head, and the officer noted a faint red color in the area where the woman said she was hit, according to the report.

The officer spoke to a witness, a neighbor, who said he didn’t see anything but heard the screaming by the woman, with her saying, “don’t hit me again.” The witness reportedly approached Smart and told him to leave the woman alone. The officer asked the witness if Smart admitted to hitting the woman, and he said, yes.

The officer spoke to Smart who allegedly “was extremely intoxicated.” The officer tried to get Smart to talk about the incident but all he would say was that he loved the woman and later, denied hitting her but allegedly admitted to shoving her.

Smart was arrested, held without bail, and arraigned on Aug. 15.

The next day, an officer was called to 4.5 Beacon Street for a report of a breach of domestic violence criminal bail order.

A woman alleged that Smart had called her twice during the day on her cellphone while she was at work, in violation of a protective order.

On her way home from work, she listened to the messages in which Smart allegedly said he would be at home waiting for her after work. The woman then drove to a friend’s house and called police.

A friend then drove by the residence and alleged that Smart was sitting on the neighbor’s front steps and appeared to be “waiting for something,” according to the report.

The officer listened to the voice messages and heard a rambling man’s voice allegedly stating that he “messed up” and needed to talk to the woman. The officer check the bail conditions to confirm that there was a restriction of contact and then, headed to Tremont Street.

At first, Smart was not seen but later, the officer allegedly found Smart hiding behind a neighbor’s retaining wall.

“I shouted what are you doing James,” the officer wrote. “James sat up and he said who me?”

Smart, however, allegedly denied hiding and he and the officer reportedly argued about whether or not he was 100 yards from his home. Smart also allegedly denied calling the woman but was arrested and held without bail. He was arraigned on Aug. 16.