Maysville, KY - 
SimplytheBest.net
Click "PLAY" below to see a slideshow of Mason County pics from Hawaii!
Title: Mason County in Hawaii
Date: Dec. 21st, 2007

PLAY »
« Home     |     Local News   |   Web Features   |   State News   |   National News    |   Sports   |   Opinion   |   Lifestyles   |   Obituaries   |   Classifieds

 
  Advanced Search

Local News

Plea agreement runs afoul of sentencing requirement in Brooksville
Saturday, December 22, 2007 12:35 AM EST Print this story | Email this story
BROOKSVILLE -- After pleading guilty to criminal abuse and welfare fraud in October, Angela Smithers attempted to retract her guilty plea on the fraud charge during proceedings in Bracken Circuit Court Friday.

Smithers was in court Friday for formal sentencing before Judge Stockton Wood on the welfare fraud charges. Instead, her attorney asked the court to allow Smithers to withdraw her plea, citing a misunderstanding over how much time Smithers would have to serve in jail before parole could be considered. Both cases were tied together in the sentencing agreements.

A review of the cases brought to light a Kentucky felony sentencing requirement which affected the plea offers; under sentencing guidelines for criminal abuse, Smithers may have had to serve at least 85 percent of her sentence before being considered for parole, not 90 days with unopposed parole as she accepted in the offer.

"The criminal abuse charge is considered a violent crime and therefore not subject to the parole offer," said Commonwealth's Attorney Kathryn Hendrickson.

On Oct 10, Smithers, 32, agreed to plead guilty to the charges in return for a plea offer which included an agreement with the office of the Commonwealth's Attorney to not oppose probation after Smithers served 90 days of a five-year sentence, officials said.

"She was sentenced to two years, but because of the persistent felony offender status, the sentence was enhanced to five years," said Hendrickson, at the time. "We agreed not to oppose probation after she serves 90 days, but she will still be on probation for the remaining five years."


On Oct. 19, Smithers pleaded guilty before Judge Lewis Nicholls to first-degree criminal abuse, with a recommended sentence of 10 years; in exchange for the guilty plea a persistent felony offender charge was dismissed and, "the commonwealth will not object to probation after service of 90 days," said Hendrickson.

Smithers is accused of scalding a toddler in her care, although her plea elocution was less telling. In her statement, Smithers said she had unintentionally "placed the child in water hotter than it should have been," adding because of that she was taking responsibility for the child's injuries.

Smithers also agreed to pay restitution for medical expenses.

Part of the plea agreement was that assault sentencing would run concurrent with the welfare fraud sentencing.

That changed Friday; Wood continued the case to Jan. 18, 2008.

A new plea agreement is being drafted, said Hendrickson.


"The welfare fraud part will probably remain the same but the assault offer will be changing," she said.

The problem was found in time to avoid problems in the future.

"We just didn't want to get down the road a few years and have problems," said Hendrickson.

Family members of the victim had attended each of Smithers' court appearances, yet had not been allowed to speak freely in court. Nicholls told them in October they would be able to speak at the January sentencing.

"We want to take this to trial, I am sure that there is no group of 12 people in Bracken County who could not look at those pictures (of the victim's injuries) and not convict her of all charges," a family member of the victim said in October.

The family was not available for comment Friday.

Smithers remains free on $10,000 bond.

For more area news, go to http://www.maysville-online.com.

Contact Wendy Mitchell at wendy.mitchell@lee.net or call 564-9091, ext. 276.

Reader Comments

Comments are limited to 200 words or less.

~outspoken~in~Bracken wrote on Dec 26, 2007 5:36 PM:

" I Hope that Angie see's just what she has done here! She has ruined this childs life. I would hope that our system couldn't possibly let this women go free for committing such a harsh crime on a child! Angie Smithers needs to face a jury and let them decide what is in store for her!!! My thoughts and prayers go out to the family you have suffered enough heartache! "

concerned citizen wrote on Dec 26, 2007 12:51 PM:

" The family of this poor child needs to realize that this child CANNOT legally testify at trial. If you have been told that the child will be called to testify, you have been lied to. Take this case to trial and allow justice to be served. If you follow through, maybe someone else won't suffer the same fate in the future. "

Kaidensnana wrote on Dec 23, 2007 6:50 PM:

" As a member of the family of the toddler that was burned, we are very grateful to the community for all the support that we have recieved. In regards to the plea deal, we just want the victim (my grandson) to see Ms. Smithers being led off to jail in handcuffs so that he knows that she can't hurt him again. Our real interest is in his recovery. Physical as well as emotional. We want to be able to put this behind us and move on. Every day that passes is a day that he is scared that she's going to come after him and hurt him again. I hope that Ms. Smithers will apologize to our family for the heartache and physical pain that she has caused but I don't think that will ever happen because to be truly sorry you have to have feelings. Anyone who could do what she did to my grandson and NOT call 911 to get him help, to let him sit for 2 hours before she called his parents wrapped up in a towel, I can only imagine the screaming and crying, cannot have the feelings that a normal human being would feel. Our family have all discussed this and we had come to the conclusion that a lengthy trial and possible not guilty verdict would do more harm to the child than good. We went along with the plea deal to keep him from having to testify. I urge all parents of young children to do 2 things; 1. Know your babysitter, if possible do a background check. Even if you think you know them, check them out, get references and CALL the references. 2. Please please please, always test the bath water before you put your child in the tub. Although I don't think it would have made a difference in this case, there are many accidental scaldings each year because parents don't check the bath water. If the water feels too warm on the inner part of your arm, then it's too hot for baby's delicate skin. If just one parent remembers to check the water and one less child is burned, then all of this will mean something to us. We don't even worry about Angie Smithers any more. Our focus are the children, raising them to be good law abiding citizens. I know that that sounds like I am trying to say we are morally superior, but in this case I hope we are. Children need to learn that their actions have consequences and repercusssions. And when my grandson sees Angie Smithers taken away from her family and put in jail, I hope thats the lesson that he learns. "

Family Member wrote on Dec 23, 2007 5:00 PM:

" As a member of the victim's family we would like to Thank everyone for their support during this terrible time. We are looking forward to the day when we have the chance to speak in open court about the pain she has caused not only our little man, but the rest of us as well. Please continue to keep us in your thoughts and prayers. "

Bracken Co man wrote on Dec 23, 2007 2:57 PM:

" I agree make her serve her time. Let a Jury hear this case. kate ..I say to you do the job you were elected to do. So far you have been a disapointment. You need to turn your record around and be tough on crime like you promised when running for that office or you will go Bye-Bye in three years. "

outraged in Maysville wrote on Dec 22, 2007 9:02 PM:

" Just another example of how our new commonwealth attorney does not appear to know her job. The family wants the case taken to trial because the evidence is so overwhelming that a jury would convict on all charges and likely give her the stiff sentence she deserves. The commonwealth wants to offer her a cushy deal....WHY? The only cases deals should be made on are the ones where you might not get a conviction. If the evidence is complete the commonweath should try the case. "

me wrote on Dec 22, 2007 2:08 PM:

" it's just amazing how you can do anything in bracken county and get a plea deal and then they tell us she is a persistent felony offender? um..wake up folks..shouldnt that raise a red flag? make her serve her time and maybe we'll finally start getting some REAL justice around here! "


Add your own comments:

(optional)
   


Copyright © 2008 Maysville Newspapers, Inc., A Lee Enterprises Publication

This site is protected by applicable copyright laws and no part may be reproduced, transmitted or used in any way other than its intended purpose without the prior written permission of The Ledger Independent.
Click here to view The Ledger Independent's privacy policy.
Click here to view current print advertisements.


  Photo Galleries
  Local Links
  Calendar
  Yellow Pages
  Showcase of Homes
  Kentucky Crosswords
  Movie Listings
  Kentucky Lottery
  Ohio Lottery

  Subscribe
  About Us
  Place a
Classified Ad

  Birth Announcement
  Engagement Announcement
  Wedding Announcement

  Adams County
  Bracken County
  Fleming County
  Georgetown, Ohio
  Lewis County
  Ripley, Ohio