(08/25/2010)
Grantsville resident Christopher Todd Smith will appear before Judge Jack Alsop in Calhoun Circuit Court Thursday at 10 to be sentenced.

The sentencing is related to a drug charge which originated in Grantsville in 2007, with police saying Smith possessed about a gallon bag of marijuana with intent to deliver.

Other charges filed against Smith in the 2007 incident involved the alleged shooting of a pellet gun at a newspaper carrier. Those charges were dropped because of evidence problems.

The earlier plea agreement appeared to have been one of two options, incarceration in prison for not less than one year nor more than three, or a determined number of days to be served in Central Regional Jail.

Judge Nibert had rejected a request for a plea agreement in 2009.

Thursday's docket shows attorney Tom Whittier representing Smith. Whittier asked to be dismissed as Smith's attorney and attorney Joshua Sturm was appointed.

Smith filed a motion that Sturm had not been responsive to his case, calling him an "incompetent attorney," according to court records.

Both Judge David W. Nibert and Thomas Evans III have recused themselves from the case and Judge Jack Alsop was appointed to hear it.

Smith also filed a motion that Alsop also be disqualified.

Calhoun prosecutor Rocky Holmes has been disqualified.

Several newer cases against Smith are pending.

Kelli Guarrieri, a probation officer with the 5th Judicial Circuit, has been disqualified. Guarrieri, works for chief probation officer Patsy McCartney.

Her recusal is linked to newer charges against Smith for intimidation of an official, Patsy McCartney.

A criminal complaint says the intimidation is linked to the removal of decorations by Smith from McCartney's late husbands grave.

Smith, is facing yet another charge related to shooting an air rifle at a Cabot Station resident.

Charges against Smith have also been filed by Lewis County officials.

Smith remains in Central Regional Jail.


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