Former state trooper charged for unreasonable force against motorcyclist in 2017

CEDAR RAPIDS — A former Iowa State Patrol trooper, who was sued for assaulting and falsely arresting a Davenport motorcyclist in 2017, has now been indicted in federal court for use of unreasonable force that caused injury.

Robert James Smith will be formally charged next week in U.S. District Court with one count of deprivation of rights under color of law. He is accused of willfully depriving “Victim 1” of the right to be free from unreasonable seizures and unreasonable force by a law enforcement officer, the indictment states. This offense resulted in bodily injury to Victim 1.

The indictment doesn’t identify Victim 1 but does say the incident happened Sept. 25, 2017, which is the day Smith pulled over Bryce Yakish, then 20, driving his motorcycle on Interstate 80.

Yakish stopped at a gas station near the West Liberty exit, according to the lawsuit.

Smith pulled his vehicle into the station and ran as he aimed his gun at Yakish, who was standing beside his cycle, the lawsuit stated. Smith knocked over Yakish onto his motorcycle.

According to the lawsuit, Smith grabbed and dragged Yakish away from his cycle, still turned over on its side, and placed his knee on Yakish's neck, holding him on the ground.

A dashcam video showed Smith struggling to pull up Yakish from the concrete driveway. He stumbled backward and fell. Yakish was doubled over and did not touch or fight with Smith.

Smith falsely accused Yakish of attempting to flee and charged him with eluding law enforcement, even though the video showed Yakish stopped immediately after Smith activated his patrol car's lights and siren. The charge was dropped after a prosecutor reviewed the video and concluded it was unfounded.

Yakish lost his license because of the arrest, his motorcycle was impounded and he spent the night in jail, Martin Diaz, his lawyer, told The Gazette after the lawsuit was filed. He also was later treated for neck issues from the assault.

Smith, a trooper for 30 years, retired from the department in 2018 after an internal investigation. The Yakish traffic stop prompted review of other allegations of misconduct against him.

The Cedar County Attorney’s Office released the dashcam video, following a records requests in 2019, according to the Associated Press. The office issued a disclosure to indicate Smith may not be a credible witness because of previous inaccurate testimony.

Smith then went to work as a police officer in Durant, where his wife was mayor. But he resigned in July after the video was released, according to the Associated Press. He also was accused of using excessive force against a woman during an arrest in Durant.

Prosecutors also dismissed several cases brought by Smith, saying he was no longer a credible witness.

The lawsuit was settled earlier this year. The Iowa State Appeal Board in March approved using general tax funds for the $225,000 settlement.

Solicitor General Jeff Thompson, during a board meeting, said it was in the state's 'best interest to resolve the claim,” noting that the state faced “some difficulty on the liability side” and could be required to pay Yakish's legal fees if it lost at trial, the Associated Press reported.

Smith will have an initial appearance and be arraigned Nov. 16 in U.S. District Court. If convicted, he faces up to 10 years in federal prison.

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