Smith avoids prison in assault on former chief

by Peter Jakey- Managing Editor

The man who choked former Onaway police chief James Gibson received five months probation for an incident which occurred along State Street.

Keith Allen Smith, 23, who had been behind bars since the incident, was found guilty but mentally ill during a bench trial last month in front of Circuit Judge Scott Pavlich.

Smith had been living in Petoskey and Onaway at the time. He was convicted of assaulting Gibson and sheriff’s deputy David Schmoldt.

On Oct. 6, 2012, Gibson was responding to a fight at an Onaway bar and stepped in front of the patrol car. When Gibson got out of the vehicle, Smith choked him twice. Gibson used his taser to subdue the subject, but once in a sheriff’s department vehicle, he damaged the inside and was ordered to pay $1,517 restitution.

Additionally, Smith bit deputy Schmoldt.

Presque Isle County prosecutor Rick Steiger believed a prison sentence was warranted.

“This young man has a history of violence and I would request that he be sentenced to MDOC (Michigan Department of Corrections),” said Steiger.

Smith served 427 in the county jail.

Defense attorney Bob Engel, who represented Smith in place of attorney Daniel Hartman, said “the state does have to provide treatment services to him, and he is currently receiving some medication in the jail.”

Smith expressed remorse before Pavlich imposed sentence.

“I’m not the same person I was a year ago,” Smith said. “I fell remorse for what I did and feel foolish for the way I acted that night, and I am truly sorry to the people I hurt. I want to be a different person, I want to change, and I am willing to do that.”

Steiger said Smith started his criminal career as a juvenile. “If you look through his PSI (presentence information), prior convictions and his arrests, he’s a violent young man.”

Steiger added that if it had been an isolated incident, he would not have been pushing for a prison term. “This was not an isolated event. This is a young man who gets liquored up, with mental health issues, and fights. He fights with police. There is a safety element here.”

Smith’s sentence guideline range is 10 to 34 months.

Pavlich told Smith prison is a real possibility. “Your conduct was, obviously, concerning,” said Pavlich, who stressed the importance of abiding to the terms of probation. “That means no alcohol. I’m n

ot sure if you understand how bad alcohol is for you. If you don’t understand it now, I don’t know if you ever will,’ said Pavlich. “There is a high probability of prison if things don’t work out for you. It would be a waste of your life. The public has to be protected.”

Following sentencing, Steiger said he respected the judge’s decision. “The only reason I requested that he be sent to prison is Mr. Smith has a history of assaultive behavior and assaultive behavior told police officers.”

Steiger hoped that Smith would receive treatment and abstain from using alcohol.