Beating A Different Drummer

Charges were dropped against a Shepherdstown, W.Va., council member accused of assaulting a drummer because he thought the tunes from a fund-raising concert near his home were too loud.

Councilman Mark W. Smith allegedly went into the city’s War Memorial building about 50 feet from his home one fateful Saturday night to complain about the racket from a fund-raising concert for Shepherd University’s Rude Mechanicals theatre group.

Spotting the one who seemed to be the most likely offender at the time, Smith allegedly used a cane to repeatedly smack drummer Curtis Paul Seiss on the back, shoulder and leg, according to police reports. He is also said to have damaged a microphone and drum equipment.

He was charged March 25th with battery and destruction of property.

Smith would not elaborate on the resolution, but said it was “the best (outcome) that could be reached.”

He could have been sent to prison for up to a year and fined $500 for the misdemeanors, according to the city’s Journal.

He is now seeking a municipal noise ordinance in response to loud, late-night music coming from bars and the War Memorial building, according to the paper.