When David Dee Smith, owner of Smith’s Auto Body at 310 Cherokee in Sallisaw went to his business at 9 p.m. Nov. 25, he noticed a window broken on his door he didn’t expect to see a man inside.

Smith said a silent alarm went off at his shop, which caused him to drive to his shop and check the building. He said when he walked inside the building with the lights off he saw a large figure walking around near one of the rooms inside.

“My heart skipped a beat,” Smith said. “A man holding a little flash light was roaming around in the dark. When the man noticed I was standing there he darted toward me,” Smith said. “There was one way out of the building and I was standing near it. He tried to pass me but he never made it.”

Smith said the figure darted toward him and started throwing punches so the fight began. Smith knocked down the alleged burglar, Anthony Lutes, 42, of Sallisaw before Lutes could make contact or reach the door.

According to the police report, after Lutes was knocked down he kept trying to fight Smith. Smith got on top of the man to try to hold him down but Lutes kept trying to hit Smith.

“He kept wiggling around, I was trying to protect myself. This man was huge,” Smith said.

Smith said he is a little over 5 feet tall and the man he was facing is well over 6 feet.

Sallisaw Police Officer Tucker Martens reported Smith started fighting back and tried to subdue Lutes.

“When the man wouldn’t stop trying to fight, Smith found a medium sized log laying on the ground near the struggle and struck Lutes on the head several times trying to keep Lutes down and make him stop fighting,” Martens, reported.

Smith’s wife called the Sallisaw Police Department and asked for assistance. When Sgt. Jeff Murray arrived the fighting stopped. Murray called an ambulance that arrived shortly and paramedics treated Lutes who was bleeding from a wound on the back of his head. Murray reported Lutes had several wounds to his face.

Lutes was medically cleared then booked into the Sallisaw City Jail. He was transported to Sequoyah County Jail and released on a $4,000 bond.

Smith said Lutes had car titles in his pockets. He said he believed he was trying to steal them.

Lutes was charged with second-degree burglary Tuesday in Sequoyah County District Court, Sallisaw.

Lutes has several previous felony charges in Sequoyah County which include conspiracy to commit a felony, theft of credit cards, knowingly concealing stolen property, possession of credit cards belonging to another, taking debit cards, larceny of a controlled dangerous substance, assault and battery, stalking, petit larceny, resisting an officer, and now second degree burglary.

“I’m hoping he learned his lesson this time,” Smith said. “I was protecting myself and my business.”