ELY – A city of Ely employee was placed on paid leave last week while an investigation continues into an alleged physical assault at the Ely City Hall that put a local construction worker in the hospital.
According to Ely Clerk-Treasurer Harold Langowski, the Ely Police Department responded to a 911 dispatch to City Hall at about 12:30 p.m. on Wednesday, July 20, that involved a city employee, David Huberty, who also works in the city’s building office.
The emergency call was made by a local construction worker, Tanner Smuda, following what he says was a physical altercation outside the building official’s second floor office.
“Because the incident involved a city employee, the police chief called on the St. Louis County Sheriff’s Department to investigate,” Langowski said. “Following their investigation, the city will conduct an internal investigation. The employee was placed on paid administrative leave pending the disposition of our investigation. That is the only comment I can make at this time.”
Langowski added, “Any other legal work involving the incident will be handled by the League of Minnesota Cites and not our city attorney.”
Ely building official Doug Whitney confirmed on Monday that there was an incident at City Hall last week that involved Huberty who works in his department, and said the incident is under investigation by the St. Louis County Sheriff’s Department. “There isn’t anything I can say about it,” he said.
Ely Police Chief Chad Houde confirmed to the Timberjay that he responded to the initial 911 call, and said the St. Louis County Sheriff’s Department is investigating the alleged incident.
Brett Shirley, who is the general contractor on a building renovation project located across the street from the Ely Post Office, complained that the city’s buildings office has been giving inconsistent and inaccurate information as they’ve undertaken inspections and the process has slowed work on the project and cost Shirley a lot of money. “But the real issue was when my agent went to the inspection office, an assistant inspector, David Huberty, I was told, shoved Tanner and put him in the hospital.”
Shirley said Smuda is working for him as a “glorified handyman,” rather than as a licensed contractor. “Tanner said he was shoved out into the hallway and eventually was put in a headlock while (Huberty) tried to get his phone from him.”
Smuda told the Timberjay that while he was at Ely-Bloomenson Community Hospital, he gave a statement to St. Louis County Sheriff Deputy Tyler Anderson, as well as the cell phone recording of the alleged assault.
Deputy Anderson told the Timberjay that he could not comment on an ongoing investigation, and referred all requests for more information to the Virginia office of the St. Louis County Sheriff’s Department.
Smuda said he went to the city of Ely building inspector’s last Wednesday. “I went in to talk to (Doug Whitney) the building inspector because his assistant has been telling us multiple times to do things in the building that we don’t need to do, such as window opening sizes and other stuff.”
Smuda said while he was talking to Whitney about the inconsistent window measurement information, Whitney took another telephone call and Huberty came in from an adjoining office and joined the conversation. “After I accused him of harassment, Huberty came around from behind the desk and shoved me onto my back into the hallway,” Smuda said. “I had my phone recording on video and told him I had recorded the assault. I then turned to leave to go downstairs to the police department. He then attacked me even more and tried to get my cell phone. He put me in a headlock, and got me to the ground. I yelled out a few times.”
At this point, according to Smuda, Whitney came out of his office and separated Smuda and Huberty. “I then went down to the police department. Nobody was there, so I called 911,” Smuda said. “The first one to show up was the chief of police. He watched the video on my phone.”
Smuda was taken by ambulance to EBCH. “I had an MRI. I gave the sheriff’s deputy my statement, and I was released. I ended up going back to the hospital on Thursday for my pain, and I talked to the sheriff’s department deputy again,” he said.
Smuda said he contacted a law firm in Duluth last week and was waiting to hear what his next steps should be.
He described his injuries. “I have big gash on my right hand. My left elbow was smashed onto the marble floor. My back and my neck are hurt. I can barely walk right now. I’m in a lot of pain. I can’t go back to work right now,” he said.