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Insult & Injury 

Tim Peck was picking up a cheeseburger when he met up with Kelvin Smith, an off-duty cop with a hefty personnel file and an expandable baton

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As he cleared the uphill parking lot and stepped into the restaurant's brick-walled patio, he noticed a security guard sitting to the left of the double wood doors. Peck says he entered the restaurant foyer and heard someone call from behind him, "Hey, Mr. Smug!" Peck spun around. "Let me see your ID," the off-duty deputy said.

In the half dozen times Peck had visited Fox & Hounds, nobody had asked for his ID. He handed his driver's license to the deputy. "What if I didn't have it?" he asked.

"Then I couldn't let you in," the deputy answered, handing the license back.

The row of bar stools, flanked by a fireplace and a deer head and lit by brass chandeliers, stood empty except, Peck recalls, for a woman with shoulder-length hair. He paid for his burger and waited.

The deputy walked by, toward the back of the restaurant. A minute later, he passed again, heading toward the front door. Peck called to him two times: "Officer!"

The deputy stopped and turned.

"Don't ever call me Mr. Smug again," Peck said.

That's where the two versions of the incident begin to differ.

Smith wrote in his report that he heard someone call out, "Officer." He walked over to the customer whose ID he just checked. "Don't you ever call me smug man again," Peck said, loudly and aggressively. Smith wrote that Peck's breath smelled like alcohol.

"What's my fucking name?" Peck allegedly asked. The manager walked up. "If he keeps that up he has to leave," the manager said to Smith. Peck allegedly repeated, "What's my fucking name?"

Smith's report states he then ordered Peck out of the restaurant.

"I'm not going any fucking where," Peck replied, according to Smith. "Who the fuck are you?"

Smith wrote that he placed his hand on Peck's right arm and started walking him toward the door. Peck allegedly snatched his arm away and grabbed the deputy's chest. Smith then pulled his baton and pushed Peck out the door, according to his report.

Peck says that immediately after he told the deputy not to call him Mr. Smug, the deputy told him to leave. He says he never cursed Smith, and that the two of them walked outside, shoulder to shoulder. There was no pushing.

"Didn't you call me Mr. Smug?" Peck remembers asking as they walked toward the parking lot. He says the deputy didn't answer. "What's my name?" Peck then asked. "I don't know, sir," he remembers the deputy saying. "But you're going to have to leave."

Peck says that once he was outside, he told the manager, who was standing in the patio doorway, "I paid for some food and I need to get either my meal or get my money back."

Peck recalls that the manager replied, "I don't have a problem with that" and walked inside.

He says the deputy again told him to leave. Peck, still in the parking lot, repeated that he wouldn't -- not without his meal or his money.

Smith then leaned forward, Peck says. He reached behind his back and pulled his expandable baton. He told Peck to get on the ground. Peck says he turned to walk away. Before he could, the deputy was swinging at his knees.

The deputy's report states that after Peck crossed the parking lot, he turned and walked back to Smith, saying, "You motherfucker. Fucking fuck-up. You son of a bitch."

Smith wrote that he ordered Peck to put his hands on the patio wall. He allegedly refused and grabbed Smith's chest, trying to punch him.

"I then struck the subject with my [baton] about the knee area and gave the subject loud verbal commands to stop fighting, get on the ground," Smith wrote.

Peck wouldn't let up, according to the deputy's report. He kept grabbing the deputy and pulling him. All the while, Smith was hitting Peck's knees with his baton and telling him between each blow to get on the ground, according to his report. "About this time," Smith writes, "the subject fell to the ground."

Smith tried to get Peck into handcuffs. But according to his report, Peck wouldn't give him his left hand. So a Fox & Hounds employee helped Smith handcuff the customer, the deputy wrote.

Smith's report ends with him pulling Peck's driver's license and frisking him for weapons. He found none. "Mr. Peck was then charged accordingly and was transported to Grady Hospital for treatment," Smith wrote.

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