When they arrived, Smolinsky's live-in girlfriend told them he threw a banana at her. Smolinsky denied the accusation and told deputies she threw the banana at him.
According to the arrest affidavit, the arresting deputy noticed the victim's face was slightly red where she said she was hit by the banana. That deputy also observed the banana in the garbage and parts of the peel were on the ground near the couch where she was sitting.
When the deputy attempted to arrest Smolinsky, he resisted and was then pepper-sprayed and taken into custody. Smolinsky now faces charges of domestic battery and resisting arrest without violence. Deputies are holding him in jail without bond.
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