Smith given 6 months for domestic battery

Friday, December 19, 2008

A Russellville man was sentenced Thursday in Putnam County Circuit Court to six months in jail for domestic battery.

Michael L. Smith, 30, was convicted of one Class D felony count. In exchange for his guilty plea to that count, two charges of Class C felony intimidation were dismissed.

Senior Judge Diana LaViolette sentenced Smith to three years with six months executed and the balance suspended. Additionally, Smith must get psychological counseling.

Smith was arrested on Oct. 20 and has been at the Putnam County Jail ever since. He originally pled not guilty to all charges, and his bond was set at $25,000 cash. He will receive credit for 59 days served.

According to court documents, on Oct. 20 police were dispatched to an incident in the 400 block of East 3rd Street, Russellville, shortly after 8 p.m.

The alleged victim told officers Smith had "pulled out a knife in front of her kids," court documents said. The alleged victim said Smith had threatened to kill her and himself with the knife, which was described as a fixed blade knife approximately 5 inches in length, an affidavit of probable cause said.

The alleged victim also said Smith "grabbed her and pinned her down on the bed and stuck the knife to her leg and threatened to kill her," court documents said.

The altercation took place in front of the alleged victim's three minor children.

In mid-November, the alleged victim contacted the Banner Graphic to say events listed in court documents had not been recorded accurately. However, no changes have been made in the case file.

In December 2004, Smith was convicted of intimidation with a deadly weapon.

Under the terms of a plea agreement, felony charges of criminal confinement, theft and an additional count of intimidation with a deadly weapon were dropped.

He received a two-year sentence, and with time served and Indiana good time credit was released from jail in May 2005.

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    -- Posted by Michele1953 on Fri, Dec 19, 2008, at 2:20 PM
  • 6 months, that'll teach him!! NOT! He'll just get out ****** off and kill the person next time. WOW 6 months for a felony, HUH??!!

    -- Posted by L & L inc. on Mon, Dec 22, 2008, at 12:33 PM
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