Inmate could face life after assault charge

A man awaiting sentence for manslaughter in the 2015 death of a Springfield neighbor could be facing a life sentence after police said he assaulted a guard at the Rutland jail in April.


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Inmate could face life after assault charge Patrick McArdle | June 06, 2018 By PATRICK McARDLE Staff Writer A man awaiting sentence for manslaughter in the 2015 death of a Springfield neighbor could be facing a life sentence after police said he assaulted a guard at the Rutland jail in April. Gregory A. Smith, 33, who is currently being held at the Swanton jail, pleaded not guilty Tuesday in Rutland criminal court to a felony count of aggravated assault. Smith is being charged as a habitual offender, a sentencing enhancement, which would allow a judge to sentence Smith, if he’s convicted, to up to life in prison. A defendant can be charged as a habitual offender if he or she has three previous felony convictions. For Smith, the convictions are attempting to elude law-enforcement officers from 2003 in Windsor County and third-degree arson and escaping from custody, both from 2004 in Windham County. During Smith’s arraignment, attorney Daniel Stevens, who represented Smith, didn’t object to the state’s request to hold Smith without bail. Smith was already being held in jail after his February conviction for manslaughter pending his sentencing. In an affidavit, Detective Trooper Benjamin Barton, of Vermont State Police, said police received a report on April 23 about an inmate assaulting a guard on April 21 at Marble Valley Regional Correctional Facility in Rutland. Correctional Officer Alexander James said on April 21, Smith was in the dining hall and “after the chow line was terminated, inmate Smith put his head in the tray chute and began yelling through to facility workers.” James said he told Smith to sit down and finish his meal. He said Smith responded by calling him an obscene term. According to the affidavit, James told Smith he would be locking in when he returned to his unit. Another correctional officer, Richard DeRose, said he saw Smith begin punching James and yelling, “You lock in, (expletive.)” DeRose said he used pepper spray on Smith to stop him from assaulting James. In a statement, DeRose said the dining hall “erupted during the incident,” but said order was restored through verbal commands. Barton said medical personnel who looked at Smith and James did not note any serious injuries, but photos of James showed red marks on his face and neck. The affidavit said Barton watched a video recording of the incident. He said the video showed Smith assaulting James first. Barton said another trooper served Smith with the citation May 8. The trooper said Smith refused to sign the citation “or talk with him other than to indicate where he was born and that he was single.” The affidavit said Smith had two prior convictions for simple assault on a correctional officer from January 2010. In April 2015, Smith was arrested for the shooting death of Wesley J. Wing, 37, of Springfield. Wing had accused Smith’s girlfriend of being a heroin user who was bringing drug traffic into their neighborhood. After a later argument, Smith shot Wing five times. Smith was initially charged with second-degree murder but in February, a jury convicted Smith for the lesser charge of voluntary manslaughter, the Associated Press reported. During Smith’s arraignment on Tuesday, there was no mention of the manslaughter conviction except to say that Smith’s case would be handled in later court appearances by Jordana Levine, who is contracted by the Vermont defender general’s office to handle serious felonies, which is unusual for an aggravated assault charge.

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