Acton Man Who Beat Someone with a Pipe Avoids Criminal Charges (14 min listen)

BATTER UP! Fred Smith winds up for a swing during a disagreement.

By Scott Smyers

Last summer, Fred Smith was caught on video at the Acton Discovery Museum arguing with non-violent protestors. He destroyed their property and used parts of their own signs to beat them. The protesters defended themselves, tried to retrieve their property and even sprayed him with pepper spray. He was so enraged, the spray seemed to have no effect on his motivation to silence people with whom he disagreed. Since they would not be silenced, he became physical, destroyed their property and whacked one man with a pipe. Acton Forum covered this story at the time, presented the video evidence to our readers, attended two court hearings and spoke to the lawyer for several of Fred’s victims. In addition to the two videos in the previous Acton Forum post, a third video is also available where you can see Fred’s Big Swing and Hit, followed by a wimpy swing. He must have been tired from the first swing.

After being charged with Three felonies, Felony Fred has been cleared of any wrongdoing. He will not have criminal record. He does have to stay away from the people he beat with a pipe and take some anger management classes, but he has never apologized or acknowledged any responsibility for what he has done. His lawyer claimed Fred was defending the children going to the Museum.

Please watch the videos from last summer and listen to the bench trial which is less than 14 minutes. This audio recording includes the Prosecutor asking to dismiss charges, emotional testimony from one of Fred’s victims and the Judges’ decision.

Although the Prosecutor did not pursue justice for Fred’s victims, the District Attorney’s office has prepared a case against a man named Kevin who suffered a stinging blow that day thanks to Fred’s uncontrolled public rage. Since last summer, more testimony about the incident was provided by the Acton Police. They provide a detailed description of what happened in the videos, but note that no police were on the scene at the time. In the version provided to Acton Forum, the police redacted the recommended charges, which leaves us wondering what were the main conclusions of their review. Did they conclude Fred was the victim?

There is a trial coming up where Fred’s victim has been charged with Assault with a Deadly Weapon. According to the Defenses’ attorney, the “weapon” was a megaphone used as a shield more than a weapon. Watch the videos yourself. Was Fred ever assaulted with any weapon? I see no evidence of this.

Is it possible that because Fred is a loudmouth radical leftist who hates anyone he disagrees with and is clearly Pro Covid Vaccine that the evidence of violence was selectively downplayed by the Prosecution? Are any of local politicians pulling strings to help him out because he is so dedicated to his radical left wing causes?

One thing is for sure, the the political climate last July was very intense and now the tables of turned. The evidence is clear that the “vaccines” never provided immunity or prevented transmission. Thus, the bureaucratic lag time associated with the legal process gives us a unique view of this case and raises serious questions about the priorities and motivations of our local and state law enforcement. The law should be applied evenly, blind to the defendants’ race, ethnicity, religion or political affiliation, but that does not seem to be the case with this incident.

Furthermore, I must point out a lack of consistency from our local Select Board. Remember when the Acton Select Board called an emergency meeting when a teenager from Arizona (who had no connection to Acton or Boxborough) typed racist comments in the chat of a School Committee zoom meeting? We now know the Committee and Administrators used this event as “proof” that there were racists active in our local community, likely preparing for violence and action must be taken! When the School Committee or Select Board says “action”, they mean: write a letter apologizing and publicly apologize to any minorities for what they had to endure (e.g., reading some generic racists comments on a screen, emotionally reacting, then use the event for a political advancement – get rid of the Colonials). However, when Former Felony Fred confronted obnoxious but peaceful people (it isn’t illegal to be obnoxious), destroyed their property and beat a man with a pipe while clearly motivated by political rage, the Select Board ignored the issue altogether. I know this because I told them about it at the time and warned them about this specific inconsistency and it fell on deaf ears.

The results of the upcoming trial will be interesting to many of our readers and probably depressing for those of us who value fairness. We will be sure to keep you updated, either way.

About Scott Smyers 17 Articles
I was born in Pittsburgh, PA, grew up in Boxborough and graduated from AB in 1989. After living in other parts of MA and two years in Louisiana, I settled in Acton with my family in 2002. I work as a wildlife biologist and am dedicated to promoting conservation and appreciating biodiversity. I'm also passionate about community issues and individual rights.

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