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Felony 2nd-degree Assault? There's an app for that.

A concert-goer at Darien Lake found out the hard way, when an iPhone-powered punch left him with a deep gash to his forehead.

The unidentified male victim was leaving from the Rascal Flatts concert August 12th. When he pulled his car up to the exit, a vehicle occupied by 33-year-old Carolyn Smith of Bergen pulled up at the same time. According to Sergeant Greg Walker, Carolyn Smith jumped out of her vehicle and stood in front of the victim's vehicle, in an attempt to cut him in line.

"The victim got out of his vehicle and bumped (Smith)," says Walker. "That's when she swung at him with her right hand...but she was holding an iPhone."

The phone sliced deep across the victim's forehead. He had to be transported to DeGraff Memorial Hospital in Tonawanda, where he received 7 stitches.

Deputies took statements from both parties at the time. Yesterday, Carolyn Smith was arrested and arraigned for 2nd-degree Assault, a felony. She's due in court at a later date.

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# Carolyn Marie Smith
Thursday, August 25, 2011 10:38 PM
i did not jump out of my car to stop traffic .. it wasn't moving. We were leaving after a concert. People were siting outside there cars drinking and having a good time. My cousin stood in front of the mans truck "PRETENDING" she was going to stop the lines from moving. (she would have had to stand there for a half hour for traffic to move an inch, the place was backed and no one was moving) I walked over to grab a smoke from her and felt the car run into the back of us. My cousin waved to the driver as we were laughing, and started walking away. The driver, A man jumped out of his car and was standing in front of me as i turned around and started hitting me, i was bent over their truck backwards trying to get away. i felt his whole body on top of mine and i could smell is drunken breath and his face up against my face as he had me pinned down. i brought up my hand which contained my cell phone to push his face away, so i could get away. There was no intent to hurt him .. IT WAS A REACTION, I was being ATTACKED. At that time his drunk girl friend got out of the car and tried jumping on my back. She punched my cousin trying to get it me. I continued to try getting away and the man kept coming at me over and over until finally a friend of ours got there, which was a man, and the drunk man stepped back and finally i was able to grab my cousin we ran to our car jumped in and looked the doors. I suffered back pain and bruises on my breast and arms. two weeks later i was arrested. The individuals in the truck were DRUNK, i myself was not. I protected myself. I was being beaten. The man is obviously out of his mind and insane. There were never any words said back and forth. I love NY state law, my weapon (a cell phone) according to them, which i didn't even intend to use, it was simply in my hand when it all happen. That MAN'S weapon was his strength, but i guess he's a man he can use that. I have no rights was told i cant press charges on him and was also told i needed to flee or take the beating ... ITS STILL A MANS WORLD! to bad we women are stuck in it.BTW I am a single mother of three kids .. NOW I have to take every dollar i have to go to a trial and clear my name and defend my right NOT to be ABUSED!!!!!!!!!!!!

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