In August, Taste of Country reported that a New York woman had been arrested after a Darien Lake, N.Y. Rascal Flatts show for striking another person in the face while holding her iPhone, which caused lacerations to the victim’s face. Now, six months later, 33-year-old Carolyn Marie Smith has filed a claim against the Genesee Country Sheriff’s Office stating that she was the victim of a false arrest.

Smith was accused of hitting a 57-year-old man with her iPhone back in August, which caused him to need seven stitches on his nose. At the time, Smith claimed she was the victim in the situation and pointed to her own bruises, one of which left a mass on her breast, according to a physician’s report. Even so, she was arrested, though a grand jury soon concluded there was not enough evidence to sustain the charge.

“I understand they arrest who they choose and let it get sorted out by the law, but to drag somebody who has no record, who has never been arrested, who is the mother of  three kids, and was attacked, I just don’t get it,” Smith told the Batavian. She has since been informed that suing law enforcement over being arrested is no small task and not very often a successful task, and perhaps for this reason Smith has yet to find an attorney who will represent her in court.

The incident occurred after the August 12 concert, just as fans were leaving the parking lot. When cars were at a standstill, a woman from Smith’s car exited the vehicle, either to have a cigarette or block another car (depending on which testimony you hear). Then, Smith got out of her own car to either block that same vehicle or get the woman back in her car (again, depending on the testimony.) The rest is pieced together by various witnesses, as well as Smith and the man also in the altercation. Apparently, he yelled at the two women and “bumped” Smith with his body, which is when he was slashed by her cell phone.

Several accounts are still being reconciled, but Smith was arrested 10 days later, though she thought she was going to get a chance to give her testimony. She had to spend $5,000 to fight the charge, and she claims she may still have to pay for medical bills resulting from the breast injury. However, the main thing Smith is looking for in this case is an apology from the police.

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