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Ex-Smith County deputy gets probation for assault

Associated Press

Posted on June 23, 2010 at 8:51 AM

TYLER, Texas—An ex-Smith County deputy must serve 10 years of probation after pleading guilty to aggravated assault with a deadly weapon in an off-duty attack on a murder suspect.

Terry Helms Lindsey of Tyler must serve 180 days in jail in his plea agreement Tuesday in Tyler.

The case against the 24-year-old Lindsey involved a 2009 party at his home.

An affidavit says Lindsey was accused of beating 22-year-old Joshua Dwain Barnes after Barnes allegedly killed James Brandon Lee.

Barnes, who served in the U.S. Army in Iraq, sought to have Lindsey’s plea deal rejected. Barnes testified that his alleged stabbing of Lee was self defense. Barnes still faces a murder charge.

A judge declined to reject the plea agreement for Lindsey, who was fired after his arrest.

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