Man charged with spitting on Lake County deputy

  • Ben Smart

    Ben Smart

Updated 11/19/2022 2:08 PM

A Zion man has been charged with aggravated battery to a peace officer, accused of spitting in to the face of Lake County deputy during an arrest early Saturday morning.

Because the saliva likely contained blood from a cut on the man's lip, and the man bragged that he had a transmissible disease, the officer is now undergoing preventive treatment, according to a news release from the sheriff's office. The news release did not say what disease.


Ben Smart, 55, of the 4200 block of Barberry Lane, is also charged with two counts of aggravated DUI, resisting a correctional officer, disorderly conduct and driving while his license was revoked.

According to the news release, a Beach Park woman was driving home and noticed she was being followed by another vehicle. When she pulled in to her driveway, the other vehicle also did so. She notified her husband, who came outside and asked the driver of the other car, Smart, why he was following the victim. The couple realized they did not know him. Smart refused to leave when asked, so the husband called 911.

Deputies say Smart struggled with them when they tried to arrest him. While walking him to their squad cars, he spit several times at deputies, hitting one in the face, they said.

Smart also resisted when jail officers tried to remove him from the squad car, police said. They ended up using pepper spray to subdue him.

Smart was due to appear before a Lake County judge Saturday morning for a bail hearing.

He is on parole for aggravated DUI convictions out of Cook and McHenry counties, according to the state Department of Corrections.

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