What a prosecutor, not.
Justin Smith case dismissed
Craig man’s attempted murder trial does not go to jury after motion granted
A judge dismissed a case that included charges of attempted murder against a Craig man Wednesday.
Justin Smith, who had been accused in September of attempted murder of a man whom he was alleged to have stabbed, did not have his case proceed to trial after defense made a motion for dismissal, and judge Sandra Gardner granted the motion.
Smith is now free and clear of the charges.
A trial was scheduled for May 23, but the court dismissed the case ahead of the jury proceedings after Wednesday’s hearing.
Smith’s charge had stemmed from an incident in which police said he had stabbed a man who had entered the Craig house where Smith was living at the time. Police said he stabbed the man, who recovered from the wounds, three times. Smith contended he was acting in self defense.
In a phone interview with the Craig Press Thursday, Smith said that his alleged victim had entered his house with two other men at 1 a.m. without warning or invitation. Smith said he had pointed a gun at the men, but put the gun down at their urging. Smith said at that time one of the men picked up the gun and, menacing him, attempted to rob Smith. When Smith was going to a back room to get the money the man was instructing him to retrieve at gunpoint, Smith said he then turned suddenly and stabbed the man.
Smith, who was 31 at the time of the incident, turned himself into Moffat County Jail in mid-September, shortly after the incident. He was also charged at the time with Felony Menacing.
Had the case proceeded to trial and Smith been found guilty, he would have faced a possible maximum penalty of 32 years in the Department of Corrections.