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Elderly man arrested in assault on Gwinnett protestors

An elderly Norcross man is charged with assaulting a couple of female protestors who were calling for President Obama's impeachment on the Steve Reynolds Boulevard overpass more than a week ago.

Roy Smith, who turns 85 in less than two weeks, is accused of pointing a gun at Toni Pendley and throwing a liquid at Marj Moore.

Gwinnett Police Cpl. Ed Ritter tells WSB's Sandra Parrish Smith was identified after another man who witnessed the incident was able to provide officers with a good description of the car as well as a tag number.

The information led police to the home of Smith where they located the vehicle and a Colt .32 caliber handgun in the door. Smith was also identified by the same witness through a photo lineup.

The elderly man then was made aware of the charges against him which include two counts of simple assault and one count of pointing a gun at another, both of which are misdemeanors.  Smith, who is on a breathing machine, turned himself into the Gwinnett County Jail and bonded out less than a half hour later.

"It doesn't matter what his age was, he still threatened somebody with that gun and was held accountable for it," says Ritter.

According to the police report, Smith recounted that he told the women they were on public property and they needed to put their protest signs in their own yards.

He told the officer he keeps in the gun in the car to protect against carjackers, but denies pointing it at the women.

Smith told the officer "everyone was lying on him in an attempt to get him in trouble".

Moore, who was shocked to learn the man’s age, says she’s just glad he’s been identified.

“I am glad they arrested somebody… I’m sorry he’s elderly,” she says.  “Hopefully this will let people know you can’t do this and get away with it.”

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