THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, September 24, 1996 TAG: 9609240280
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: 54 lines
Prosecutors will not pursue a malicious wounding charge against professional basketball star Joe Smith by taking the case to the grand jury. The decision came Monday, one week after a judge dismissed the felony charge in a preliminary hearing.
Commonwealth's Attorney David Williams said Monday that he will not seek an indictment against Smith, of the Golden State Warriors, because Williams is not confident that the state could win its case with the available evidence.
``I am satisfied that there was a fair and full presentation of the best available evidence to the court at the preliminary hearing,'' Williams said. ``I am also satisfied that the judge who presided at that hearing exercised his best judgment in assessing that evidence and determined that it did not warrant a finding of probable cause. I have no reason to believe there would be any different result from a different fact finder.''
The charge against Smith was dismissed by Judge S. Bernard Goodwyn on Sept. 16 after an eight-hour preliminary hearing.
Williams said he has decided not to pursue the case further ``given that the burden of proof is considerably higher at the next stage.''
He recently met with the victim and explained his decision, Williams said.
On Monday, Smith's defense lawyers said they were pleased.
``We are delighted that the prosecutor has made such a prudent and responsible decision,'' said defense lawyer Joseph L. Lyle Jr. ``No purpose would be served in prolonging this matter. His decision was totally consistent with the great weight of the testimony.''
Smith, 21, was accused of cutting male dancer Carlton Coney with a broken bottle on July 26 at Ridley's Restaurant and Lounge in South Norfolk, causing a gash in Coney's back. Smith was there with a group of friends to celebrate his 21st birthday. The male dancers were there as part of ladies' night.
After the incident, Coney and another dancer retained an attorney to look into possible civil action.
``We trust that the commonwealth's attorney's decision not to proceed against Joe will lead Joe's accusers to the conclusion that any civil action against Joe in this matter would be ill advised,'' said David M. Delpierre, another attorney on Smith's defense team.
During the preliminary hearing, two prosecution witnesses identified Smith as the attacker. Coney said he did not see who cut him. Defense witnesses offered a variety of accounts, including descriptions of a man other than Smith who they said caused Coney's injury.
Smith, a Maury High School graduate and former national college player of the year at the University of Maryland, has a three-year, $8.53 million contract with the Warriors, who play their home games in Oakland, Calif. He was the No. 1 pick in the 1995 draft. ILLUSTRATION: Maury High School graduate Joe Smith now plays for the
Golden State Warriors of the NBA. by CNB