THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, July 30, 1996 TAG: 9607300250
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: 44 lines
Former Norfolk basketball star and current professional player Joseph L. Smith has been charged with malicious wounding, an allegation that could play out in several ways.
Smith, 21, of the 7600 block of Leafwood Drive in Norfolk, turned himself in to police Sunday after an incident at Ridley's Restaurant and Lounge early Friday in South Norfolk left a male dancer injured.
Smith is scheduled for arraignment Wednesday.
Here are the possible outcomes of the criminal charges against Smith, according to Commonwealth's Attorney David L. Williams:
He could be convicted of malicious wounding, a Class 3 felony punishable by five to 20 years in prison and a fine of up to $100,000. Assuming no prior juvenile or adult record and no ``serious'' injury to the victim, sentencing guidelines call for one year and eight months to four years and two months in prison. The midpoint is two years and 10 months. State law does not clearly define ``serious.''
The charge could be reduced to unlawful wounding, a lesser charge in which the element of malice is not present. That offense is a Class 6 felony punishable by one to five years in prison. A judge could impose a sentence of up to 12 months in jail or a fine of up to $2,500, or both. Assuming no prior juvenile or adult record and no ``serious'' injury to the victim, the guidelines call for probation.
The charge could be reduced to misdemeanor assault and battery, punishable by up to 12 months in jail or a fine of up to $2,500 or both.
Prosecutors could decide not to pursue the charge.
Speaking through his lawyer, Smith has denied accusations that he struck a male dancer with a bottle or daiquiri glass.
The victim, Carlton Coney, 25, received 22 stitches. The incident occurred about 1 a.m. Friday during a party marking Smith's 21st birthday.
Smith, a Maury High School graduate and former national college player of the year at the University of Maryland, plays for the Golden State Warriors under a three-year, $8.53 million contract. He was the No. 1 pick in the 1995 NBA draft.
KEYWORDS: ASSAULT MALICIOUS WOUNDING by CNB