T.J. Smith sentenced to 14 months in prison

T.J. Smith

TERRE HAUTE -- Describing what he saw as a law officer who badly strayed from his original intentions, a federal judge on Thursday sentenced former Putnam County Deputy Terry Joe "T.J." Smith to 14 months in prison.

The result of Smith's conviction on two Class C felony counts of deprivation of civil rights under color of law, U.S. District Judge William T. Lawrence handed down a pair of 14-month sentences, to be followed by two years of supervised release. The two sentences are to be served concurrently.

In handing down the sentence, Lawrence described Smith as a man who became a police officer with the good intentions of serving his community.

"Somehow I feel you have disconnected from your original goal," Lawrence said.

Originally charged with four felonies relating to police brutality cases, Smith was found guilty in September on two of the counts, setting up Thursday's proceedings.

The two incidents in question involve actions Smith took against men who were already restrained, either by other officers or with handcuffs.

In an incident on West Stardust Road, Smith punched a man in the face after other officers had already secured the victim's arms and legs.

The second offense at Lazy Acres Trailer Park near Greencastle involved Smith throwing a handcuffed man to the ground and driving his knee into the man's back as he lay on the ground.

"There is no excuse for punching or otherwise abusing people who are handcuffed," Lawrence said.

He further chastised Smith for statements made and a letter directed to the court, citing a lack of remorse.

"Thus far, it appears you have not taken responsibility for your actions," Lawrence said.

Despite Lawrence's strong words to Smith, the prosecutor who tried the case for the government expressed disappointment at the court's decision.

Throughout his arguments Thursday, Assistant U.S. Attorney Bradley Blackington talked about Smith's pattern of violent misconduct dating back to 1997, as well as the subsequent "breaks" the prosecutor said Smith received.

Despite his repeated requests that Smith not receive another break, Blackington felt it happened again on Thursday.

"I think he did (receive a break)," Blackington said following the hearing. "We asked for a higher sentence. We argued for it. We thought a higher sentence was deserved.

"But having said that, we respect the judge's decision and we're ready to move on from it."

At the beginning of the hearing, Lawrence reviewed the sentencing guidelines, telling the court that adjustments such as Smith's position as a law officer, the restrained victims and the presence of multiple counts made the advisory sentence 33 to 41 months.

Going beyond this, Blackington argued for a 60-month sentence, citing Smith's two previous terminations as a Putnam County Jail officer, his termination as a correctional officer at the Indiana Boys Home and the 1999 battery of a three-year-old.

In none of these cases, though, did Smith receive the full punishment he could have. No charges were filed in any of the terminations, and the battery case was charged as a felony but later reduced to a misdemeanor.

"He should be held to a higher standard," Blackington argued. "None of those past acts of misconduct are reflected in his criminal history."

Blackington also outlined the challenges a civil rights case presents, as prosecutors are forced to work against a police officer who would otherwise be the prosecution's partner.

"This is the first civil rights prosecution I've had (in 23 years)," Blackington said. "I hope it's the last."

After sentencing, Blackington elaborated on these thoughts.

"I hope it's the last because the overwhelming majority of law enforcement officers that I've worked with would never engage in conduct like this," Blackington said. "This conduct makes me sick and I hope I never see it again."

He spoke at length about how police brutality undermines the good work that police and prosecutors are trying to do.

"All of us are supposed to be the good guys," Blackington said.

The defense, on the other hand, characterized Smith as a good guy who had made some poor decisions.

Smith's cousin Lorna Boyle took the stand to ask the judge for leniency, describing a childhood event in which Smith saved her from drowning.

"He didn't go for help. He was my help," Boyle said. She went further, saying she always knew his actions as a deputy would be the same.

"I knew if the situation ever arose and he needed to save somebody, he wouldn't go for help, he wouldn't call for help," Boyle said. "He would be their help."

Reflecting defense attorney John Tompkins' later argument, Boyle asked that Smith serve no prison time.

"We need him home," she said.

Tompkins' request was for 24 months of supervised release, but no prison time.

"I think, fundamentally, T.J. was an officer who was overzealous but never had malicious intent," Tompkins said.

Speaking on his own behalf, Smith said he was ready to take responsibility for his actions.

"I totally respect the decision of the jury," Smith said. "I hope by the end of the day I'm able to go home and support my family."

Neither the prosecutor nor the judge shared Smith's opinion about taking responsibility for his actions. Blackington pointed to Smith's pre-sentencing letter to the court, saying it showed no remorse, instead blaming others.

Blackington quoted one particular passage of the letter: "What took me years to build, it took the media seconds to destroy."

The prosecutor minced no words in responding to this claim.

"The media didn't do this to him. The agents didn't do this to him. He did this to himself," Blackington said.

Regardless of the sentence, Blackington and Jay Abbott, special agent in charge of the FBI's Indianapolis Division, said they hope the conviction will begin to heal the relationship between law enforcement officers and the public.

"Color of law investigations where an officer abuses the authority that they have betrays a sacred trust that law enforcement has with our communities," Abbott said. "The FBI will always vigorously investigate these type of cases. I hope the outcome today will help return some measure of trust, that sacred trust we have with the communities we serve.

"I really believe that the overwhelming majority of police officers are probably feeling much relieved today because some form of their reputation has also been restored."

Following Smith's September conviction, Tompkins said an appeal was likely. Smith now has 14 days to make the decision.

Smith was not taken into immediate custody. The Bureau of Prisons should notify him of where he's been assigned in four to six weeks.

Under federal law, Smith will serve a minimum of 85 percent of the 14-month sentence.

A four-year veteran of the Sheriff's Department who was named Deputy of the Year in 2011, Smith not only lost his law enforcement career with his conviction, but also his Fourth Ward seat on the Greencastle City Council.