VIRGINIA BEACH, Va. (WAVY) — The Virginia Beach Police Department has released information following an internal investigation into the alleged wrongful arrest of Jacqueline A. Smith.
In an interview with 10 On Your Side, Smith said she was wrongfully arrested, detained and then released in mid-February.
The VBPD internal investigation claimed that just before 1 a.m. Saturday, Feb. 17, VBPD responded to Joint Expeditionary Base Little Creek-Fort Story. Navy police had taken Smith into custody. Once there, officers met with Smith and searched the FBI’s National Crime Information Center (NCIC) database, using the name and social security number she provided.
The search revealed an open warrant for felony aggravated assault out of Baltimore County, Maryland. According to Virginia Beach police, the social security number Smith provided identifies her as Jacqueline R. Smith, with an alias of Jacqueline A. Smith.
VBPD alleges the date of birth on the return had both the exact month and day of birth with “a slight difference in the year.” Virginia Beach police also said it contacted Baltimore County and confirmed the warrant is still active. Based on the active warrant, Smith was taken to the Virginia Beach City Jail to later be extradited to Baltimore.
The next day, Smith’s family members informed police that Smith had never been to Baltimore and was not the person wanted for felony assault.
VBPD officers contacted the victim from Baltimore with a current picture of Smith. The victim told police this was not the person who assaulted him.
On Monday, Feb. 19, VBPD requested the court give Smith a $5 bond. Initially, Smith was being held with no bond.
In a news release police said, “As this felony charge originated out of state, local courts do not have the jurisdiction to dismiss but did grant the lower bond which allowed Ms. Smith to be released instead of potentially being extradited to Maryland.”
Court documents obtained by 10 On Your Side’s investigations team outlined “inconsistencies” with fingerprint returns.
On Sunday, Feb. 18, a Virginia Beach magistrate said that after the arrest, Virginia Beach Police “began to have concerns” about the identity of the person that was the subject of the “underlying … warrant as it relates to [the] identity of the arrestee.” A Virginia Beach Police officer said there were “inconsistencies of fingerprint returns,” and said based on the new information, the bond should be adjusted to its lowest level “sufficient for release.”
The VBPD internal investigation does not address the magistrate’s notes with concerns with inconsistencies with fingerprints.
Following the release of the VBPD internal investigation, Smith told WAVY.com she is “sad and disappointed.” Smith maintains that VBPD and the local agencies “blurred the identities” by entering her social security number, date of birth and fingerprints under the incorrect name.
Smith now has retained legal representation.
Continue to check WAVY.com for updates.