Get notified by email when this case is updated.
2 following this caseName:
Smith, Joshua Devion Dakota
Date of Booking:
08/23/2026
Reason(s) For Booking:
Cruelty to Children 1st Degree – 5 Counts
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
[NARRATIVE #1 on August 22, 2026]
On 08-22-2026 at approximately 22:48 hours, Sergeant Hunt was contacted by listed complainant [REDACTED] in reference to a delayed domestic incident that occurred between listed offender (Joshua Smith) and [REDACTED]’s juvenile children, listed victims [VICTIM #1], [VICTIM #2], [VICTIM #3], and [VICTIM #4] at the residence of [REDACTED], which is their mother, listed witness [WITNESS #1] home. [REDACTED] advised listed other/guardian [REDACTED] his wife had the kids with her at the moment and they had bruises. [REDACTED] advised [REDACTED] to contact law enforcement and report the incident, which she did, and met at the LaFayette Police Department with all four juveniles.
[REDACTED] (stepmother) allowed me to speak with all four juveniles. [VICTIM #2], [VICTIM #4], [VICTIM #1], and [VICTIM #3] all attempted to explain the situation at once and had be assisted to make sure the information was provided correctly. Their mother [WITNESS #1] had left the house to go to Wal-mart and left her kids with Joshua, [WITNESS #2] and his son [VICTIM #5]. All four juveniles and listed victim [VICTIM #5] were about to watch a movie, then [VICTIM #4] was the first to interact with Joshua during the incident. [VICTIM #4] stated Joshua grabbed her foot and lifted her right foot. [VICTIM #4] stated Joshua would not let go.
[VICTIM #4] stated to Sergeant Hunt initally that she did not know why Joshua did that, however; she was trying to pull her foot away from him. [VICTIM #4] stated she was saying “Ow Ow Ow” and asked listed witness/custodian [WITNESS #2] to help her but he stated he wanted to stay out of the situation. [VICTIM #4] stated later during the investigation that at first it was in a playful manner, however; she advised Joshua that he was hurting her, but he would not stop and kept going. [VICTIM #4] stated while trying to get Joshua off, she had rolled onto the couch and Joshua fell with her and put his hands around her neck.
[VICTIM #1] stated she came out of the room and observed what was going on and [VICTIM #4] saying “Ow, Ow, Ow” to Joshua who was on [VICTIM #3] by this point and to get him to stop, [VICTIM #1] stated she hit Joshua along the side of the head. [VICTIM #1] stated Joshua stated “What are you doing” and shoved her twice. [VICTIM #5] then strikes Joshua in the back to get him to stop. [VICTIM #2] was nearby during the commotion and stated while eating his pizza, Joshua turned around shoved [VICTIM #2] and with closed fist struck him in the abdomen. [VICTIM #2] stated he could not breathe after the hit due to almost choking on the food. [VICTIM #1] stated Joshua shoved [VICTIM #5] head first into a door. [VICTIM #1] stated she was crying and scared.
[VICTIM #3] was inside [VICTIM #1]’s room and grabbed [VICTIM #1]’s phone to call [WITNESS #1] about Joshua. [VICTIM #3] stated she called [WITNESS #1] on face time and showed her what Joshua was doing. [WITNESS #1] stated when she received the phone call from [VICTIM #3] and her son [VICTIM #2] crying and saying Joshua was playing too hard and they asked him to stop but he would not. [WITNESS #1] advised she turned around from her trip and began heading to the residence.
[VICTIM #1] stated she was trying to help [VICTIM #5] up and they went into the room away from Joshua. [VICTIM #3] stated while [VICTIM #1] was on the phone trying to speak with [WITNESS #1], Joshua came in and snatched the phone from her and hung up the call. Joshua threw the phone across the room and [VICTIM #3] went and got the phone to call [WITNESS #1] again. Joshua took the phone and began telling someone to shut up and [VICTIM #1] told Joshua to stop where he told her to shut up.
[VICTIM #1] stated she then went to [WITNESS #2], but he did not know what to do. [WITNESS #2] was taking care of [VICTIM #5] at the time the remaining incident occurred. Sergeant Hunt asked if [WITNESS #2] spoke with Joshua about shoving [VICTIM #5], and [VICTIM #1] stated he spoke up to [WITNESS #1] when she returned home because Joshua claimed [VICTIM #3], [VICTIM #2], [VICTIM #1], and [VICTIM #4] were making up the entire incident and overly exaggerating things, and he was just playing.
[WITNESS #2] went to the room where the all the juveniles were and was attempting to calm all them down from the encounter with Joshua. [WITNESS #1] returns home and begins arguing with Joshua about the incident with the kids. Joshua kept yelling at [WITNESS #1] and telling her to shut up. Joshua kept telling [WITNESS #1] the kids were exaggerating and he was just playing with them and why would [WITNESS #1] believe them. [WITNESS #1] according to [VICTIM #1] stated to Joshua that she has seen him play around with the kids before and they have never called her crying so hard or so scared like they did during this incident. [VICTIM #1] stated Joshua then left.
[WITNESS #1] would then contact [REDACTED] and have [VICTIM #2], [VICTIM #1], [VICTIM #4], and [VICTIM #3] picked up from the residence to separate them incident. Joshua returned when [REDACTED] was leaving with the kids. [VICTIM #1] stated [WITNESS #1] planned to stay at [WITNESS #2]’s residence for a couple days to separate from Joshua.
[VICTIM #1] did have a bite mark on her back and did not know where it came from but alleged it came from Joshua. [VICTIM #1] stated [VICTIM #4] had gotten bit by Joshua when [VICTIM #1], [VICTIM #3], and [VICTIM #2] went into [VICTIM #1]’s room and was attempting to call [WITNESS #1]. To separate from Joshua, [VICTIM #5] began putting chairs in front of the door to block it. [VICTIM #3] stated [VICTIM #5] and [VICTIM #4] were still with Joshua and was attempting to run away from him in a attempt to get away.
[VICTIM #4] stated while she was on the couch, Joshua was trying to play and pulled her off the couch and bit [VICTIM #4]. [VICTIM #4] then stated that she and [VICTIM #5] began crying. [VICTIM #1] stated she and the other kids try to get the other younger juveniles into the room while Joshua and [WITNESS #1] were arguing, but Joshua intervened. The bite marks were photographed and attached to the report.
Sergeant Hunt was able to get [REDACTED] to contact [WITNESS #1] to see if she would speak about the incident that occurred. [WITNESS #1] agreed to speak and initally was willing to meet at the police department, however; changed her mind and Sergeant Hunt met her at [REDACTED]. Sergeant Hunt parked a couple residences away as it was advised Joshua was still on scene and did not want to increase the chance of escalating the situation and another incident occurs.
Sergeant Hunt approached the residence and knocked on the first door. The lights were on, but no one came to the door. There was a second door which appeared to be to the living room. Sergeant Hunt approached the door where he observed a male, suspected to be Joshua and another male later determined to be [WITNESS #2] in the living room area. Joshua appeared to be speaking with someone that Sergeant Hunt could not see at the time as it was later determined to be [WITNESS #1] who was sitting on the couch by the window closest to the door. Sergeant Hunt did not initally make contact instead waited and listened to the conversation between [WITNESS #1] and [WITNESS #2]. Due to walls of the residence the audio is not clear on body worn camera.
While listening Sergeant Hunt could hear Joshua and [WITNESS #1] discussing the incident with the kids. Joshua could be heard telling [WITNESS #1] the kids were over exaggerating the situation and [WITNESS #1] telling him the kids called her scared and crying. Joshua told [WITNESS #1] that she could believe the kids, however; he was not going to remain with her and would have to figure it out on her own if that was the case because he was not going to put up with it any longer. Sergeant Hunt knocked on the door and [WITNESS #1] exited the residence to speak with him.
[WITNESS #1] advised she was gone approximately three minutes and received a phone call from her kids screaming and crying saying Joshua was hurting them and it started out as playing. [WITNESS #1] advised she contacted [REDACTED] to get the kids. [WITNESS #1] stated the kids wanted to stay, however; she did not want them there to witness Joshua’s behavior. [WITNESS #1] stated all the kids had the same story of what occurred. [WITNESS #1] stated Joshua was playing with the kids how he usually does which is grabbing their legs and trying to tickle them, however; Joshua was playing too rough with them and the kids said Joshua hurt them. Joshua exited the residence shortly after.
[WITNESS #1] stated to her Joshua stated he was just playing and never hurt them. Joshua ended up leaving then returning before the kids were picked up by [REDACTED]. Sergeant Hunt moved [WITNESS #1] away from Joshua to further speak with her and Officer Craig remained with Joshua to get his side of the incident. [WITNESS #1] verbally stated she was going to the store, got the phone call from the kids and they were telling her that Joshua was hurting them. [WITNESS #1] stated at the same time should could hear the kids laughing and hearing the screaming and crying running throughout the house.
[WITNESS #1] began stating she has been wanting Joshua to get help as he usually is a great guy until he has been drinking. [WITNESS #1] suggested the bite marks came from her other toddlers but she could not recall when she last seen them without bruising or shown the bite marks. [WITNESS #1] stated the phone call scared her to death. [WITNESS #1] advised [VICTIM #3] told her that Joshua was pulling on her and it began to hurt so she was telling him to stop multiple times. As stated by [VICTIM #3], Joshua did not stop. Sergeant Hunt provided [WITNESS #1] with a statement to complete.
[WITNESS #1] was asked to contact [WITNESS #2] and ask him to speak with Sergeant Hunt. [WITNESS #2] came out and spoke with Sergeant Hunt and was asked about the incident between [VICTIM #5] and Joshua. [WITNESS #2] advised during the incident he was unsure when to step in and intervene as he did not know how it would be with two adults who had been drinking.
[WITNESS #2] stated the kids were screaming and crying and Sergeant Hunt asked was more like fear and panic. [WITNESS #2] stated the kids came to him asking for help. [VICTIM #5] stated to [WITNESS #2] that Joshua pushed him and caused his head to hit the door knob. [WITNESS #2] advised Joshua had been drinking since 3pm during [VICTIM #4]’s birthday party. Sergeant Hunt asked if [VICTIM #3] asked for help and [WITNESS #2] stated she did but he was unsure how to go about the situation. [WITNESS #2] completed a witness statement.
In the statement provided by [WITNESS #2] he stated “Rough housing escalated into what I would consider severe mistreatment. Kids were Crying, at times even coming to me begging for help. My own child was shoved head first into a doorknob. I didn’t intervene to prevent a much more violent incident.”
Based on the information provided by the [VICTIM #4], [VICTIM #2], [VICTIM #1], [VICTIM #3], and [WITNESS #2] on behalf of [VICTIM #5] Sergeant Hunt determined there was probable cause to arrest Joshua. Sergeant Hunt returned to Officer Craig and Joshua and placed Joshua’s hands behind his back. Joshua’s hands were placed into handcuffs. The handcuffs were checked for fit and double locked to prevent tightening. Joshua was advise he was under arrest. Sergeant Hunt escorted Joshua to Officer Craig’s patrol vehicle. Joshua asked about his charges and what led to his arrest.
Joshua was read his Miranda Rights and agreed to speak without representation. Sergeant Hunt advised him that testimony of the incident provided along with the physical evidence observed yield enough to arrest him. Joshua was checked for weapons and contraband, no contraband was recovered, but he did have a multiknife tool in his pocket which was removed. Joshua allowed the knife to remain at the residence and was given to [WITNESS #1]. Officer Craig transported Joshua to Walker County Detention without issue. Joshua was turned over to and accepted by Walker County detention staff.
Joshua is charged with Five counts of Cruelty to Children in the first degree- Family Violence. Joshua committed the aforementioned offense when he intentionally and without just cause physical pain and anguish to [VICTIM #2], [VICTIM #1], [VICTIM #3], [VICTIM #4], and [VICTIM #5] when told repeatedly to stop and he was hurting them he did not.
Joshua further added to offense by striking and shoving [VICTIM #2], shoving [VICTIM #1] twice, and shoving [VICTIM #5] into a doorknob. Joshua also grabbed and dragged [VICTIM #4] off the couch and proceed to bit her on her leg. The incident when these children contacted their mother [WITNESS #1] who stated hearing her kids on the phone screaming and crying scared her to death. [WITNESS #2] who was on scene stating the incident was severe in his eyes as he witnessed the ordeal.
[End of Narrative]
[NARRATIVE #2 on August 23, 2026]
On 08/23/2026 at 00:09 hours I, Patrolman Craig responded to [REDACTED] to assist Sgt. Hunt with his investigation.
I arrived on scene and was advised by Sgt. Hunt to stay with Joshua Smith so he could state his side of the story to me. While standing with Joshua he stated he had nothing to say because he didn’t hit anyone or anything. I advised Joshua it was his right not to speak with me if he didn’t want to. He also stated he didn’t want to say anything to incriminate himself. While standing with Joshua I could observe he was intoxicated and he also had an alcoholic beverage in his hand while speaking to me. Joshua spoke about other things that wasn’t related to the incident we were there for.
After a short time, Sgt. Hunt walked back over to our location and advised Joshua to place his hands behind his back. And after Sgt. Hunt placed him into handcuffs and advised dispatch he was in custody. We escorted Joshua to my patrol car. We arrived at my patrol car and Joshua had questions for Sgt. Hunt of why he was going to jail. Sgt. Hunt read him his Miranda Rights and Joshua agreed to speak without representation.
After speaking to Sgt. Hunt, I searched Joshua prior to placing him into my patrol car. I opened the door of my patrol car and checked it for contraband, and none was found and I then placed Joshua into my patrol car and then activated my in-car camera. I advised dispatch of my transport of Joshua to the jail. I arrived at the jail and turned Joshua over to the jail staff without issue and I then searched the rear of my patrol car for contraband, and none was found. I also turned Joshua’s personal property over to the jail staff.
After leaving the jail I was asked by Sgt. Hunt if I could go back to [REDACTED] to collect pictures of one of the children [VICTIM #5]. I arrived back at the location and knocked on the door of the residence and [WITNESS #1] came to the door. I asked if the [VICTIM #5] was still at the residence she stated he was, but his [WITNESS #2] wasn’t. I asked her if she could ask the child to come to the door because I needed to collect pictures of his head and [WITNESS #1] agreed to do so.
I called Sgt. Hunt and advised him the child’s father wasn’t at the residence anymore, but [WITNESS #1] agreed to ask the child for me. After a short time, [WITNESS #1] came back to the door and asked me if I could come inside to speak with the child because the child didn’t believe her. I walked into the residence to where the child was located and he was asleep and after [WITNESS #1] woke him up, I asked him about his head and if I could take pictures of his head. After many attempts with the child I could tell he wasn’t comfortable talking to me so I stopped my attempts and asked him if he would like to go back to bed and not take pictures? And the child stated yes.
I walked back out of the residence and [WITNESS #1] stated to me that the child isn’t comfortable with law enforcement because of his father, I advised her that I understood. [WITNESS #1] asked me about Joshua’s charges, and I advised her I wasn’t exactly sure because I wasn’t the original officer doing the investigation but advised her that she could call the jail later on in the morning and ask about his charges and his first appearance in court. [WITNESS #1] stated to me that Joshua is a good father and everything when he doesn’t drink alcohol. I gave [WITNESS #1] a Family Crisis Card and advised her they might could help or point her in the right direction of getting him help to get off alcohol.
[End of Narrative]
