Attorney Tom Whittier and Christopher Todd Smith (right)
stand before Judge Nibert, who rejects plea agreement
By Bob Weaver
Judge David Nibert rejected a plea agreement yesterday in Calhoun Circuit Court sought by Grantsville resident Christopher Todd Smith, indicating Smith has a long list of criminal charges in several counties.
The action means Smith will stand trial, likely in June.
Smith had pled guilty to "conspiracy to possess a controlled substance with intent to deliver with an unknown individual," after police said they discovered a gallon bag of marijuana in his residence in 2007.
During that same incident, Smith was cleared of charges filed against him for allegedly shooting a BB gun at a Charleston Gazette newspaper carrier, indicating a problem with inconsistent testimony.
Smith's attorney Tom Whittier said, "I ask your honor to accept this plea," after Whittier reviewed Smith's long criminal record, making corrections to court documents.
Judge Nibert responded by saying "I've given this matter a lot of consideration about accepting this agreement, with Smith paying a fine and walking away."
Nibert continued, Smith "Has an almost 20 year history [of crimes] and I'm not going to accept this agreement."
Whittier objected to the presence of the Hur Herald in the courtroom related to taking photographs. Judge Nibert advised Whittier the court is a public forum and the Circuit Court allows photography with some limited exceptions.
Whittier asked the court, "How many people do you know who have made such an effort [to reform]?", saying Smith has obtained 91 hours of college credit in criminal justice at Glenville State College.
"When not going to school, he has been in business. He has tried to reform himself," Whittier said. "His glass is half-full, not half-empty ... His record is exceptional ... toward being a productive citizen."
Smith has maintained he was not aware who owned the drug found in his residence.
Speaking on his own behalf, Smith told Judge Nibert he didn't feel like he had done anything (wrong) that he was trying to get an education and better himself.
Smith's plea agreement had said "That the defendant agrees to appear and truthfully testify as to all matters within his knowledge when summoned by any party in any criminal matter," among other conditions.
The state had also agreed to dismiss any charges pending against Kelly Lawson, related to the case.
Smith remains on bond until his trial.
GRANTSVILLE MAN CLEARED FOR ALLEGEDLY SHOOTING AT NEWSPAPER CARRIER - Christopher Todd Smith Enters Plea Agreement In Drug Possession Case
SMITH PLEADS GUILTY TO DRUG CHARGE WITH PLEA AGREEMENT
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