VIRGINIA BEACH, Va. — A mix-up has led to the wrongful arrest of a military spouse over someone else's warrant.
The ordeal brought the woman and her attorney to Virginia Beach court on Thursday morning for an extradition hearing. During which, a prosecutor said this was a case of mistaken identity.
Jacqueline Smith told 13News Now the ordeal stems from a traffic stop on the late night of February 16 on Joint Expeditionary Base Little Creek - Fort Story.
Smith said base police linked her to an outstanding warrant in Maryland for a woman with the same name. Virginia Beach police eventually got involved; one of their officers carried out the arrest.
Smith is a mother of two, local business owner and wife to a Navy service member.
"Just different points that so many different systems failed to identify me, and although I was pleading with them," said Smith. "Once I told them it was not me, that there's no possible way, they refused to hear me out. They threatened me with [Child Protective Services] because I was alone with my newborn."
The warrant out of Baltimore County was for a second-degree aggravated assault charge.
Smith said she and the wanted woman have different middle names and birth years.
Smith recalled family members arriving on scene at the traffic stop and presenting additional paperwork.
She also told 13News Now she has no history or addresses in Baltimore.
"Although they had the mugshot they had the mugshot from Baltimore PD, Virginia Beach police still brought me over to the sheriff's office to be put in jail for something that I didn't do," said Smith.
Additionally, Smith was seven weeks postpartum during her arrest.
"There was just absolutely no compassion shown. [Police] searched me vigorously, causing me some pain. I did let the officer know," she said.
While in custody, she said she had to be treated by medics and taken to the hospital for sharp abdominal pain and extreme vaginal bleeding.
In jail, Smith said she was refused prescribed medicine from the hospital. She claims she was placed in the detoxification unit instead of the medical unit, as well.
A spokeswoman for Virginia Beach Sheriff's Office (VBSO) said they are bound by medical privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA).
However, the VBSO spokeswoman also said the following:
"...Inmates are housed based on a variety of classification criteria, which includes recommendations from our medical personnel. All inmates receive appropriate medical care, including any required prescriptions once they have been confirmed by our medical staff.”
She added VBSO has no discretion over who is admitted into the jail.
According to court documents, Virginia Beach police wrote Sunday night that the Jacqueline Smith they arrested isn't the wanted woman, after "concerns of identity" and determining "inconsistencies of fingerprint returns."
"They continued to tack on this name. they fingerprinted me under this name. It just makes me scared to feel so voiceless and helpless. At the end of it, I was released on a $5 bond because it had already got processed too far, they couldn't even let me out," said Smith.
She was released Sunday night.
In court on Thursday morning, a Virginia Beach judge granted a prosecution's request to dismiss the extradition warrant against Smith.
Bailey pressed to state that this was a case of mistaken identity. The prosecuting attorney said it was.
Smith's attorney Niki Bailey said the next steps include filing for expungement.
"When everyone remembers that Black women are not always guilty, that no one is lying all of the time and if they just take the time to take the extra steps to look into a matter before you put someone in custody especially when they have medical concerns, the community would be a better place," said Bailey. "And I think that hopefully, this will educate people to just take a second look and listen better."
Moreover, a Virginia Beach police spokesman said there is an internal investigation underway to review the actions of their responding officer.
"We are investigating the details of the routine traffic stop to ensure base security officers followed all proper procedures," a public affairs officer for Joint Expeditionary Base Little Creek - Fort Story said in part.