LEWIS COUNTY FILES NEW CHARGES AGAINST CHRISTOPHER TODD SMITH

(07/28/2010)
Grantsville resident Christopher Todd Smith has new charges filed against him by Lewis County authorities, obtaining property by false pretenses. The charges, filed last week, has bail set for $10,000.

Smith is currently in Central Regional Jail on three Calhoun charges.

He is facing a charge alleging he shot an air rifle at a Cabot Station resident, intimidation of a witness. That case has been sent to Calhoun Circuit Court.

Smith is also charged with intimidation of a public official, Probation Officer Patsy McCartney. The charge came following the alleged removal of decorations from the grave-site of McCartney's late husband Mike McCartney. That case is pending in Calhoun Magistrate Court.

In yet another case, Smith is charged with the destruction of property belonging to Grantsville Mayor Gary Knight. That case is also pending in Calhoun Magistrate Court.

The total amount of bail is set at $37,000.

LONG-DELAYED DRUG CASE

Smith's sentencing for a 2007 drug case continues to be delayed following a plea agreement, apparently because of problems related to attorney representation.

The plea agreement is over "a gallon bag" of marijuana with intent to deliver, originally brought by the Grantsville Police Department.

Judge David Nibert had rejected a request for a plea agreement in 2009.

The agreement appears to have been one of two options, incarceration in prison for not less than one year nor more than three, or a determined number of days to be served in Central Regional Jail.

Following a series of attorney dismissals, court records indicate that attorney Tom Whittier removed himself from the Smith case and attorney Joshua Sturm was appointed.

Smith filed a motion that Sturm had not been responsive to his case, calling him an "incompetent attorney," according to court records.

It was unclear who will currently represent Smith.

Both Judge David W. Nibert and Thomas Evans III have now recused themselves from the case and Judge Jack Alsop has been appointed to hear it.

Smith has now filed a motion that Alsop also be disqualified.

Calhoun prosecutor Rocky Holmes has been disqualified.

Kelli Guarrieri, a probation officer with the 5th Judicial Circuit, has been disqualified. Guarrieri, works for chief probation officer Patsy McCartney.

Lewis County authorities have been investigating the death of Kelli Lawson in December, 2009. Lawson was Smith's girlfriend.