Victim: Olen Roy Dykes
The accused: Patrick Albert Smith

Olen Roy_Dykes

Olen Roy Dykes

White male

Age at time: 79

Weapon: unarmed

 
Smith

Patrick Albert Smith

White male

Age at time: 45

Weapon: knife

knife

Defendant photo: Pinellas County Sheriff's Office

Case type:
Argument turned violent

Location:
Public

Initiator:
Victim

Witnesses:
Yes

Case year:
2011

Location details: At a St. Petersburg Walmart parking lot in St. Petersburg, Pinellas County, on Oct. 27, 2011

What happened: The victim, Olen Dykes, 79, was walking with his wife into Walmart when he passed Patrick Smith, who was muttering profanities as he was locking up his bike in front of the store. When Dykes told Smith to watch his mouth, Smith stabbed Dykes in the back of his shoulder. Dykes threw a punch at Smith, but missed and fell on his knee on the ground. Dykes did not realize he had been stabbed and proceeded into Walmart with his wife to do his shopping. When he came out, he discovered his shirt was covered with blood. He took his wife home to Madeira Beach, then drove himself to Northside Hospital. Meanwhile, police responding to a call about a brawl outside Walmart found Smith waiting with Walmart security. Smith claimed Dykes swung at him first and he feared for his safety. Accounts by several witnesses confirmed Dykes' account.

The outcome: Smith was charged with aggravated battery with a deadly weapon. He filed a motion for immunity. On the day of the immunity hearing, the state offered to reduce the charges to simple battery. Smith pleaded guilty to simple battery and was sentenced to 180 days.

Investigating agency: St. Petersburg Police

Case decision made by: Prosecutor

Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.

Yes No Unclear/
disputed

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Pinellas County Clerk of Court case progress docket, Oct. 28, 2011.

Source: St. Petersburg Police Department, Oct. 27, 2011.

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Case last updated: Aug. 10, 2013