Arrest follows plane's arrival

By James Carlson

THE CAPITAL-JOURNAL

A Topeka lawyer representing a developer in a lawsuit against the city of Topeka was arrested Sunday in a Memphis airport after allegedly becoming intoxicated on a flight and harassing passengers.

Bryan W. Smith was charged in Shelby County, Tenn., with public intoxication, disorderly conduct and vandalism stemming from acts on the plane and his abusive behavior once arrested.

Smith is representing Gene Jani in his suit against the city. Jani contends the council failed to comply with rules set up by the Kansas Supreme Court, requiring it to approve changes he sought in zoning for property he owns at 3420 S.W. Fairlawn Road.

Attempts to reach Smith at home and work were unsuccessful.

Memphis police officers were called to a gate at the Memphis International Airport about 6 p.m. Sunday regarding an intoxicated passenger on a flight from Kansas City, Mo. When the plane landed at 6:15 p.m., they approached Smith.

He was unsteady on his feet, smelled of alcohol and had bloodshot eyes, according to the arrest report. Officers took him into custody and prepared for transport to a detoxification unit, but while they prepared arrest documents, Smith began making profane remarks to the officers.

The obscenities continued during the car ride to the detox unit. At one point, according to the report, Smith dared the officers to hit him "so he could 'own our asses.' "

He then threatened bodily injury to the officers.

Five minutes into the ride, Smith unbuckled his seat belt, laid down on the seat and kicked out the right rear window. That resulted in the vandalism charge, a felony, according to Capt. Reginald Drake, with the Memphis International Airport Police Department.

Smith's bond was set at $7,500, and Drake said Smith had already been released from jail.

Smith is a lawyer at Cavanaugh, Smith and Lemon, P.A.

The Topeka city council rejected rezonings sought by Smith's client, Jani, last June and in February before approving a zoning change for the property on June 10.

Jani said on June 11 he planned to proceed with the suit, which is set for a pretrial hearing on July 23 in Shawnee County District Court. A jury trial is to begin Sept. 2.

James Carlson can be reached at (785) 233-7470 or james.carlson@cjonline.com.

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