COVID-Defiant NJ Gym Owner's Contests DUI Charge

CINNAMINSON TOWNSHIP, NJ — COVID-defiant Camden County gym owner and congressional candidate Ian Smith is claiming he was not driving drunk and had passed police field sobriety tests when police charged him with DUI on Sunday.

"Being charged with an offense and actually committing an offense are two entirely different things. Ian Smith was not driving drunk. Ian Smith is innocent," said Smith's campaign consultant, Steve Kush, in a statement that was posted on the Twitter account of a Smith supporter.

Smith was charged with driving under the influence, refusing to take a breath test, reckless driving, careless driving, failure to observe marked traffic lanes and delaying traffic while driving along Route 130 North in Cinnaminson on Sunday, according to the police.

"Being charged with [driving while intoxicated] is what [Smith] was arrested for," Cinnaminson Police Chief Richard Calabrese told Patch. "Refusing to submit to a breath test is a different charge that is issued at the police station if a person refuses to take that specific test."

Kush said that "bodycam footage will show Ian passed a field sobriety test." He also called on the police "to release the body cam footage to every news outlet immediately. Don't wait for OPRA requests."

Patch has filed an Open Public Records Act to obtain any and all records the Cinnaminson Police Department has in regard to Sunday's incident.

Kush admits Smith refused to take a breath test but said it was understandable.

"Ian has a distrust of government in New Jersey after being persecuted by the Governor and government agencies for two years," said Kush.

"Ian will have his day in court and will be vindicated," said Kush. "The only question is will the government do everything in its power to delay Ian's court date. I hope not."

Smith's campaign did not respond to Patch's request for comment.

Smith Against COVID-19 Mandates

Smith and gym co-owner Frank Trumbetti gained national fame when they chose not to follow a mandate from Gov. Phil Murphy that ordered all gyms and many other small businesses closed in the first six months of the pandemic.

Smith and Trumbetti continually kept reopening Atilis Gym. Both men were arrested in July 2020 and charged with fourth-degree contempt and obstruction and violation of a disaster control act.

When the coronavirus pandemic began in late March 2020, then-President Donald Trump ordered a two-week national shutdown and stay-at-home orders. After those two weeks, a number of other states allowed private businesses to reopen while in New Jersey, Gov. Murphy ordered nearly all retail businesses to remain closed, except for those deemed essential, such as groceries and big-box stores like Walmart. Small businesses — such as hair salons, day cares, retail boutiques, restaurants, bars and gyms — were not allowed to reopen.

Gyms were one of the last businesses allowed to reopen in New Jersey: They were forced to close in late March and allowed to fully reopen Sept. 1, albeit at 25 percent capacity limits. Prior to that, they had been allowed to open only for personal training.

At the time, Smith said he was standing up for constitutional rights and struggling small businesses all over the world.

"We don't need the government to tell us what we can and can't do," Smith previously said at a reopen NJ rally in the spring of 2020. "We need a government that protects our rights and doesn't make exceptions."

Political Aspirations

Smith is running for the Republican nomination for Congress in New Jersey’s 3rd District currently represented by Democrat Andy Kim.

"I am truly excited to have the possibility to serve the people of NJ with a platform focused on liberty, small government, and AmericaFirst policies," Smith said at the time.

A spokesperson for Kim's campaign had no comment when asked about the alleged incident that took place Sunday.

Previous Offense On Smith's Record

If Smith is found guilty of the charges stemming from the alleged incident on Sunday, it would be the second time he has chosen to get behind the wheel of a car after drinking.

In 2008, when he was 20 years old, Smith was convicted and sentenced to more than five years in prison for causing a drunken driving crash that killed a Galloway teenager. He ran a stop sign and killed 19-year-old Kevin Ade.

"This is something I've been public about my whole life. I've never run from it, nor would I ever," Smith said in the video. "It's something I accept full responsibility for, and for anybody out there who hates me, I think you are completely justified in doing so."

Saying he wanted to set the details straight, Smith went on to discuss how he woke up after a night of drinking in his dorm room and got in his car.

"Moments later, I was the sole cause of a motor vehicle accident that took the life of a young man named Kevin," Smith said. "When I awoke that morning, I didn't realize there was still alcohol in my system. Being a 20-year-old kid, no one ever explained those dangers."

This post contains reporting by Carly Baldwin and Anthony Bellano.

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