Marc Kenneth Nowakowski


BURLEY — Police say a man hit and kicked another man in the face Sunday, leaving the victim lying in the road on Parke Avenue.

Officers were called to the address, where they found Darin Smith lying on the road with a large amount of blood coming from his head. The incident, according to the victim, began earlier with an altercation at a Burley bar.

Marc Kenneth Nowakowski, 37, was charged with felony aggravated battery and misdemeanor resisting or obstructing arrest after a Cassia County Sheriff’s deputy hit him with a taser when he refused to obey the officer. He was arraigned on both charges Monday in Cassia County Magistrate Court.

Smith was also issued a citation for battery.

Deputies said Nowakowski and a female were standing in the road yelling obscenities when they arrived on the scene, and he refused to approach the officer and tell him what had happened. When Nowakowski moved toward Smith’s son, who was kneeling down to render aid to Smith, the officer fired his taser.

Smith’s son said the pickup Nowakowski was driving sped up and hit them from behind, and Nowakowski punched and kicked his father in the face while he was on the ground. He said he had punched Nowakowski to defend his father, and Nowakowski punched him back.

The woman with Nowakowski said Smith parked in front of their pickup truck and had earlier cut them off while driving. She said that Smith had grabbed her, threw her against the pickup and slapped her. The officer did not see any marks on her to verify the claims. Nowakowski was transported to the hospital for hand injuries. When detectives interviewed Smith’s son at the hospital, he was in a neck brace and his face was swollen.

Cassia County Sheriff Detective Kevin Horak said the case remained under investigation on Monday.

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