June 26, 2019 at 4:31 p.m.
Trials for a former correctional officer accused of battering inmates at Jay County Jail have been canceled.
Thomas A. Smith, 35, 405 S. Morrison Road, Apartment 72, Muncie, was employed at the jail for about a year and a half until March 2018.
He has been charged with battery resulting in serious bodily injury, a Level 5 felony, battery resulting in moderate bodily injury, a Level 6 felony, and battery resulting in bodily injury, a Class A misdemeanor, for an alleged incident on Nov. 16, 2017, involving a male inmate at Jay County Jail. Charges of battery resulting in moderate bodily injury, a Level 6 felony, and battery resulting in bodily injury, a Class A misdemeanor, were for an alleged offense on Dec. 24, 2017, against a female inmate.
A three-day jury trial for the charges relating to the female inmate was scheduled to begin July 24 in Jay Circuit Court. The three-day jury trial for the charges involving the male inmate was scheduled for Aug. 7.
But according to paperwork filed last week by his lawyer, Smith, a member of the U.S. Army Reserves, was called up to active duty and deployed in May for 399 days.
Attorney Brian Pierce, of Muncie, requested that the court vacate his client’s trials because of his deployment and reschedule his final pretrial conference originally slated for Friday. According to Pierce’s motion, “the parties believe that this case will be resolved without the need for jury trials.”
The court agreed to vacate the scheduled trials and to continue the final pretrial conference until further notice. Pierce must submit a status report of the case to the court every 90 days while Smith is deployed.
While the trials have been canceled, the charges against Smith remain the same.
Smith was indicted by a grand jury Sept. 18 for the charges and was arrested Sept. 21. He was later released from Jay County Jail on a $15,000 bond.
While all five charges were originally considered one case, Smith’s lawyer requested that they be split in two. Pierce argued that there was no evidence of a scheme by Smith to batter inmates and that they should be considered two separate incidents.
The case is being prosecuted by Colin Andrews, a Bluffton lawyer who works as a deputy prosecutor for the Wells County Prosecutor’s Office. Jay County prosecutor Wes Schemenaur requested a special prosecutor because Smith was employed by the county.
Top Stories
9/11 NEVER FORGET Mobile Exhibit
Chartwells marketing
September 17, 2024 7:36 a.m.