THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, September 17, 1996 TAG: 9609170283
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY JUNE ARNEY AND STEVE CARLSON, staff writers
DATELINE: CHESAPEAKE LENGTH: 92 lines
A judge on Monday dismissed a charge of malicious wounding against professional basketball star Joe Smith, saying the prosecution had failed to prove that Smith struck a male dancer with a beer bottle in July.
``There are inconsistencies in their statements,'' Judge S. Bernard Goodwyn said of the defense witnesses, ``but they all are consistent on one point, and that is that Joseph Smith was not involved in the incident. . .
``Based on that, this court does not find probable cause'' to send the case to a grand jury.
After the ruling, which came at the end of a marathon eight-hour hearing, Smith's mother, Letha, looked skyward and said, ``Hallelujah! Thank you, Lord.''
Friends and family members of the basketball player began hugging Smith in court as the 6-foot-10 member of the Golden State Warriors wept.
If Smith had been convicted on the felony charge, he could have faced up to 20 years in prison.
``I'm relieved,'' Smith said after the hearing. ``I thank God.
``I didn't know what to expect coming in,'' said Smith, well-known for his wholesome image. ``All I know is that I didn't do that. It's been a long process.''
His mother added: ``It's just a big burden that's been taken off the whole family. I knew my son was innocent. Justice has prevailed, by the glory of God.''
Prosecutors could still take the case directly to a grand jury. They had not decided Monday night whether they would do so.
Smith, 21, was accused of cutting male dancer Carlton Coney with a broken bottle, causing a gash in Coney's back that required 22 stitches. The incident occurred about 1 a.m. July 26 at Ridley's Restaurant and Lounge in South Norfolk.
The three prosecution witnesses Monday included Coney, who testified that he did not know who had struck him, and two other male dancers who said they saw Smith stab Coney.
``I didn't see Joe pick up the bottle, but I saw him with it,'' dancer David Turner testified. ``He had the bottle in his right hand.''
Turner said he saw Smith stab Coney with the bottle.
The third dancer, Curtis Martin, said: ``I seen Mr. Smith with the beer bottle in his hand. That's when I seen `Play' (Coney) come up and the bottle went in his back.''
The defense argued that the case against Smith was a ploy to obtain money from him. A defense witness testified that one of the dancers had told him Turner and Coney had made an agreement that they would share any profits from civil actions against the multimillionaire basketball player.
``I think what we have here is a story cooked up by male strippers out to make some money,'' defense lawyer Joseph Lyle said.
Defense witnesses gave several accounts of what happened that night.
One testified that a stocky, light-skinned man struck Coney with a daiquiri glass. Another said Coney was cut when he fell on a table that had glasses on it. Another gave a detailed description of the attack, saying a man named Eric struck Coney.
``The witnesses (who were) consistent about what occurred were the commonwealth's witnesses,'' said prosecutor Nancy Parr. ``The defense witnesses. . . It was like they were in six different bars.''
About a dozen witnesses testified during the hearing, which began about 1 p.m. and lasted until nearly 9 p.m.
In an interview with the San Jose Mercury News shortly after the incident, Smith talked of wishing he could call a press conference to tell his side of the story. He did not testify Monday.
``I went through an entire NBA season, and people paid special attention to my composure and how I carried myself,'' he said during the earlier interview. ``And now, just because one person says I'm this bad guy, everybody is believing it. And the truth hasn't even come out yet.''
Authorities said the dancer was injured after Smith and a group of his friends went to the bar to celebrate Smith's 21st birthday. Members of the group allegedly threw a plastic ashtray, a plastic ketchup bottle, and a bottle at least partially full of beer at the stage, according to bar patrons.
Later, dancers confronted the group and the fight ensued, witnesses have said.
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: Color Photo
JOE SMITH
Color photo by BETH BERGMAN/The Virginian-Pilot
Relatives embraced a weeping Joe Smith after a judge - in an
eight-hour hearing - threw out a malicious wounding charge against
the 21-year-old basketball star. The judge said: ``Joseph Smith was
not involved in the incident'' at a South Norfolk bar in July.
KEYWORDS: ASSAULT CHARGES DISMISSED JOE SMITH by CNB