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Zion man charged with spitting in face of Lake County deputy

CBS News Live
CBS News Chicago Live

CHICAGO (CBS) --  A man is charged after spitting in the face of a Lake County deputy and claiming to have a transmissible disease Saturday morning. 

Police said around 12:45 a.m., a 47-year-old woman from Beach Park was driving home when she noticed she was being followed by another car. 

After arriving home, the victim noticed the same car pulling into her driveway, police said. 

She notified her husband who came outside and confronted the driver of the car. 

The man, identified as Ben Smart, 55, of Zion, refused to leave when asked to by the victim's husband. 

The victim called 911 and Lake County Sheriff's Deputies responded. Upon arrival, sheriff's deputies noticed Smart had obvious signs of alcohol impartment. They also found Smart had been driving with a revoked driver's license. 

Sheriff deputies attempted to take Smart into custody, but he resisted arrest, and actively fought with the deputies. The deputies were able to place Smart into custody and began walking him toward their squad cars. 

While walking toward the squad cars, Smart spit several times at the deputies, and his spit struck one of the deputies directly in the face. Smart's saliva likely contained blood, as he was bleeding from his lip, authorities said. 

After spitting in the deputy's face, Smart bragged he had a transmittable disease.

Smart arrived at the Lake County Jail and resisted the correctional officer's efforts to remove him from the squad car. Due to his resistance, correctional officers utilized pepper spray to assist in removing him from the squad car. 

Smart was charged with aggravated battery to a peace officer, two counts of aggravated DUI, resisting a correctional officer, disorderly conduct, and driving while license revoked.

Smart is currently on parole with the Illinois Department of Corrections. It is anticipated the department of corrections will issue a no-bond parole violation warrant based on this incident.

 The deputy who was spit on went to an area hospital for treatment and will be on a long-term precautionary treatment plan, due to the possibility Smart has a transmittable disease.

"This is just one example of the many dangers our deputies and correctional officers face on a daily basis," Sheriff John D. Idleburg said. "Even knowing the risks and dangers, our staff come to work every day and serve our community professionally. I am very hopeful our deputy in this incident will be okay."

Smart remains held in the Lake County Jail pending an initial court hearing Saturday.

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