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A suspect charged with gunning down an off-duty Mississippi Highway Patrol trooper last month was beaten up in jail, his attorney claims.

Attorney Jamie Franks, who represents Troy Anthony Eaton, 43, told Corinth Today that his client was assaulted in the Tippah County Jail a few days after surrendering to authorities in the Sept. 30 shooting that took the life of Trooper Josh Smith, 32, near the Hatchie River.

Eaton, of Rienzi, needed medical attention for his injuries sustained in the attack, including staples around one of his eyes, before being transferred to another facility for his safety, Franks told the newspaper. It was not immediately clear who allegedly attacked him.

A spokesman for the FBI told the Northeast Mississippi Daily Journal in a statement that an investigation into the purported beating is ongoing.

“We are aware of this incident and have been in touch with local authorities to determine if there have been any federal civil rights violations,” FBI officials said.

Mississippi Highway Patrol Trooper Josh SmithAPMississippi Highway Patrol Trooper Josh SmithAP

District Attorney Ben Creekmore declined to comment on the alleged beating of Eaton. He’s now facing capital murder charges for allegedly shooting Smith, who was acting in an official law enforcement capacity when he was killed, according to a charging affidavit obtained by the Daily Journal.

Eaton also “knew” that Smith was acting in his official capacity when he fatally shot the state trooper, the affidavit claims. But Franks and another attorney for Eaton, Bill Wheeler, have said there are a “multitude of witnesses” who back up the claim that Eaton was exercising his right to self-defense when the fatal shooting occurred.

Eaton, meanwhile, was transferred to a facility in Marshall County after the alleged beating and remains held without bond, the Daily Journal reports.

Wheeler and Franks have requested that a preliminary hearing for Eaton be held within the next two weeks. They also want to review toxicology reports on Smith and others to determine if they consumed drugs or alcohol prior to the shooting.

Eaton and Smith — a trooper since 2007 — had not met each other prior to the incident, Wheeler told the Daily Journal.

Coroner Chris McCallister told the newspaper earlier this month that Eaton was sitting in a vehicle on the passenger side when he allegedly shot Smith, who was standing outside the vehicle. Smith later died from a single gunshot wound to the face, McCallister said.

Eaton has also been charged with attempted murder for allegedly shooting Smith’s brother-in-law, Rickie Dale Vick, 38, of Michigan City, who was treated for non-life-threatening injuries, according to Corinth Today.

Authorities have not detailed what they believe immediately preceded the shootings. Eaton reportedly turned himself in about five hours later.

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