Chiropractor Ordered to Pay Settlement for Assault During Capitol Unrest

In a ruling issued Monday, a federal jury awarded $500,000 to the widow and the estate of a police officer who played a role in defending the Capitol during the January 6 riot. This figure comes in the wake of an incident involving a skirmish between the officer and individuals participating in the attack.

The jury, composed of eight members, determined that 69-year-old David Walls-Kaufman, a chiropractor, should pay $380,000 in punitive damages and $60,000 in compensatory damages to Erin Smith. This decision was made due to the assault on her spouse, Jeffrey Smith, within the Capitol building on that fateful day. An additional $60,000 was granted as compensation for the distress and suffering endured by Jeffrey Smith's estate.

Before the jury commenced deliberations, U.S. District Judge Ana Reyes dismissed Erin Smith's wrongful-death claim. The judge ruled that Walls-Kaufman's conduct could not reasonably be seen as causing a head injury severe enough to lead to Smith's demise.

Residing only steps away from the Capitol, Walls-Kaufman denied any physical assault against Smith, suggesting instead that any injuries occurred later when a different rioter purportedly hit Smith in the head with a pole.

On a preceding Friday, the jury found Walls-Kaufman responsible for the assault on Erin Smith's 35-year-old spouse, an alleged incident documented by the officer’s body-worn camera.

Attorney David P. Weber, representing Erin Smith, conveyed her relief at receiving what they consider a semblance of justice.

Walls-Kaufman dismissed the trial results as ludicrous, protesting, "There was no crime. I never made contact with the officer intentionally or otherwise."

Following the jury's exit, Judge Reyes suggested that both parties consider settling the dispute, emphasizing the potential benefits of dodging a lengthy, costly appeal.

Walls-Kaufman's legal representative, Hughie Hunt, expressed his surprise, labeling the judgment "astonishing."

"A mere three-second occurrence," Hunt elaborated during discussions with the judge. To which Reyes countered, "Much can transpire in three seconds."

After the rioting, Jeffrey Smith's first attempt to return to duty ended with him tragically taking his own life with his issued firearm. Until January 6, his family attested he had no known mental health issues. Erin Smith maintains that her husband was struck with his own baton by Walls-Kaufman, which allegedly led to a concussion and subsequent emotional and physical distress.

Footage secured by CBS News captures Jeffrey Smith facing multiple attacks during the riot, once inside the Capitol itself and later outside on the Capitol's west front. These visuals are central to Erin Smith's ongoing effort to have her husband's death reclassified.

"I believe the attack irrevocably altered him," she reflected in 2022. "If he hadn’t reported to duty that morning, he might still be alive."

Following medical assessments by his department confirming him fit for service, Smith was described as injured in the line of duty—the identified primary cause of his death.

Having accepted culpability for a misdemeanor linked to the Capitol incident, Walls-Kaufman briefly served time but later received clemency.

The riot resulted in injuries to over a hundred law enforcement officers. One Capitol officer succumbed a day post-riot, although later medical evaluations attributed his death to natural causes following a stroke.

Continuing her quest for acknowledgment, Erin Smith hopes her husband's name will be honored on the National Law Enforcement Memorial.