Smith pleads not guilty to deprivation of rights

Posted 12/8/22

Prec. 2 Constable Kelly Smith has been arrested in federal court in Tyler for deprivation of rights under color of law after he was indicted by a federal grand jury in Sherman on Nov. 10.

He pleaded not guilty to the charge on Nov. 29 and was released on an unsecured $50,000 bond.

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Smith pleads not guilty to deprivation of rights

Posted

Prec. 2 Constable Kelly Smith has been arrested in federal court in Tyler for deprivation of rights under color of law after he was indicted by a federal grand jury in Sherman on Nov. 10.

He pleaded not guilty to the charge on Nov. 29 and was released on an unsecured $50,000 bond.

Conditions of bond were sealed, and he was also ordered to turn over his passport.

In a filing Nov. 23 ahead of the arraignment, Smith’s attorney, Cody Skipper, argued that Smith should be able to retain his firearm as necessary for his occupation, as well as self-defense, and to be released on personal recognizance.

The court set the following dates for the case:

Monday, Dec. 19, deadline for any plea bargain.

Monday, Jan. 9, pretrial conference.

Tuesday, Jan 17, jury selection and trial before U.S. District Judge Jeremy D. Kernodle.

The indictment stemmed from Smith’s participation in the arrest of a wanted suspect at a Hawkins residence which included the use of Smith’s canine, which Smith directed to bite the suspect, according to the indictment.

Smith’s attorneys have maintained that he was just doing his job.