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Charges dismissed in shootout at BP checkpoint

Posted at 10:22 AM, Jul 18, 2018
and last updated 2018-07-18 14:23:16-04

Charges have been dismissed against a Tombstone man accused of shooting at Border Patrol agents at a southern Arizona checkpoint before they fired back and wounded him.

Gary Kent Smith is in his late 70s and court documents say he has advanced dementia and other chronic health problems and that a doctor testified in March that Smith likely had no more than six months to live.
U.S. District Judge Raner C. Collins on June 21 granted prosecutors' motion to dismiss charges of assault of a federal officer and use of a firearm in a crime of violence.
Smith was struck in the arm in the June 2017 shootout but no Border Patrol agents were wounded.
A defense motion said Smith was previously diagnosed with dementia.