CONCHO — Scott O’Brian Smith, 54, of Concho awaits sentencing in the Apache County Jail for the Class 3 felony charge of aggravated assault with a deadly weapon against his wife, near County Road 8111 on Dec. 7 in Conhco. He has been held without bond for “using a crow bar, a deadly weapon or dangerous instrument,” to place his wife in fear of imminent physical injury, stated court records. He signed a plea agreement and pleaded guilty in Apache County Superior Court on March 18.
At the same time, along with pleading guilty to the aggravated assault, Smith also admitted he violated his probation for doing the same thing to the same victim in September. In that incident, he actually “caused physical injury” to the woman with a steak knife, stated the plea agreement on that charge by which he pleaded guilty in November.
As a sentence in the November steak knife case, he was placed on probation for five years, and it’s a wonder whether the ink was even dry on the conditions of his probation, when around three weeks later, he threatened the same woman with the crow bar. Smith was set for sentencing on the new charge and for disposition on the probation charge on April 5. His attorney, however, asked the court to set a time whereby the defense puts on “mitigation evidence,” he told the court, and a new sentencing hearing date has not yet been set as press time.
Smith faces a prison sentence of between two and 8.75 years on each case, and the sentences could run consecutive with each other, meaning Smith might not start serving the sentence on one case until he completes the sentence on the other.