Spotsylvania deputy resigns after assault and battery charge

Published: May 14, 2015 at 6:57 PM EDT|Updated: May 24, 2015 at 9:59 PM EDT

SPOTSYLVANIA, VA (WWBT) - Spotsylvania Sherrif's Deputy David Schmidt Jr. has pleaded not guilty in a case dating back to March.

Authorities say it started at an ABC store after a call for an unruly customer. What reportedly followed was caught on camera.

Now a Spotsylvania deputy has resigned after being charged with assault and battery.  Nathan Barton was arrested on March 25 on a charge of being drunk in public. One of the deputies who helped in that arrest faces a charge of his own.

Up until last Thursday, Schmidt was a deputy with the Spotsylvania County Sheriff's Office.  He resigned, and is charged with assault and battery of Barton.

News of the case is getting mixed reviews from the community:

Russell Kensinger said he wasn't surprised at the news. "'Cause I've seen it too many times on TV," he said.


"Right now just too much nonsense going on.. I can't believe that that happened right here," says Andre Powell.

"I don't like to speculate unless I know for sure.. exactly what took place," says Wallace VanNorman.

The Spotsylvania County Sheriff's Office says until his resignation, Schmidt had been with the department for 15 years and had a distinguished career. 

The Spotsylvania County Commonwealth's Attorney has recused himself from the case and a special prosecutor from Henrico County has been brought in.

At first no one answered at Barton's last known address on Thursday. Eventually, a man came out and said Barton no longer lives there.

Court records show Barton has several convictions, which including public swearing, destruction of property, and disorderly conduct, among others.

As for Schmidt, he's due back in court on June 23rd.  

Barton's March 25 alcohol case went before a judge last week, the Commonwealth's Attorney said the alcohol charge was dropped and he pleaded guilty to obstruction of justice. He received 10 days in jail.  Barton is due back in court on another charge in July.

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