Man faces assault charges after an Uber incident involving a cell phone

Posted at 1:18 PM, Nov 30, 2016
and last updated 2016-11-30 15:48:14-05

The discovery of a cell phone in the back seat of an Uber car led to a shooting in Hillsborough County.

According to the Hillsborough County Sheriff's Office, a group of people who found a cell phone attempted to do the right by finding the owner.

But, their good deed ended in a shootout with Daniel Smith, 36, of Tampa, the boyfriend of the cell phone owner.

Smith was arrested on Wednesday on four counts of aggravated assault with a deadly weapon, according to a Hillsborough County Sheriff's Office news release.


A police report indicates the incident began about 3 a.m. Friday, Nov. 25., when Justin Medina and three of his friends left the Dallas Bull nightclub on U.S. 301 in Thonotosassa.  They contacted Uber for a lift home.

When they climbed into the back seat of the Uber, the group found a cell phone on the back seat. They looked through the phone in an effort to locate the owner, Lindsay Robertson.

They were able to make phone contact with Smith.

The groups arranged to meet at a large fenced ranch in the area of State Road 672 and Heritage Trail Lane east of U.S. 301 to return the phone to Robertson, the release states.

Smith and Robertson used another Uber driver to take them to the meeting spot.

Smith stepped out of the Uber ride and met with Erin Fennel, a member of the group that found the cell phone. While they were talking Smith pulled out a handgun and fired twice into the ground.

Fennel ran. Medina, who was standing nearby behind the fence gate pulled out a .40 caliber Glock and fired in Smith's direction, striking him five times, the release states.

Smith returned to the Uber car, which drove he and  Robertson to St. Joseph's Hospital South.

Medina and his friends returned to the house on the property and called 911 to report what had occurred, the release states.

Smith was initially treated at St. Joseph's Hospital South then transferred to St. Joseph's Hospital in Tampa for treatment of bullet wounds to the chin, chest, arm, kidney area and spine area.

He was released Wednesday from the hospital and arrested. According to the sheriff's office, after conferring with the Hillsborough State Attorney's Office, no charges will be filed against Medina.