No Charges In Complaint Against Ex-Deputy Prosecutor
Posted
John DeGroff-
No charges will be filed against former deputy prosecutor Scott Smith.
The Kosciusko County Prosecuting Attorney's Office received a copy of the notice from Special Prosecutor William Hartley, from Wabash County, which said, in part: "... based on circumstances set out in the Special Report, it is not believed that there is sufficient admissible evidence to pursue criminal charges, and that unless additional information comes to his attention, no charges will be filed and the investigation considered closed."
The case was sent to the prosecuting attorney's office Dec. 21, when the office was under the administration of R. Steven Hearn.
Hearn filed a motion for special prosecutor on Dec. 27, in Kosciusko Circuit Court, under Cause Number 43C01-1012MI-671 titled "The Matter Of The 12/21/10 Investigation of Scott A. Smith". This document references the conflicts of interest between the Kosciusko County Prosecuting Attorney's Office and alleged comments made by Smith in the police report regarding his relationship with the prosecutor's office.
The document also references the previous employment relationship that Smith had as a part-time deputy prosecuting attorney in Kosciusko County.
According to Kosicusko County Prosecutor Dan Hampton, his office can make no further comment at this time.
The incident in question dates back to Dec. 20 when Smith and a woman got into an argument at Smith's home that allegedly turned physical. The woman, who also was an employee of Smith's at his private law practice, claimed that Smith knocked her to the floor. She then ran to her car and called 911.
When Kosciusko County Sheriff's Department deputies arrived and questioned Smith, he told officers he "never laid a hand on her."
Circuit Court Judge Rex Reed requested a special prosecutor for the case, and Hartley was named to the position Jan. 13. Hartley had no further comment on the case this morning.
