Judge Continues Hearing for Defendant

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A 53-year-old man gets time to comply with his release conditions.

David Smith accepted a plea deal in March and pleaded guilty to an attempt to commit robbery from a Banana Republic and Diament Jewelry. Smith is still awaiting sentencing on his case.

DC Superior Court Judge Heide Herrmann mentioned that DC Superior Court Judge Michael O’Keefe wanted to set sentencing as soon as possible, so she continued the hearing until July 9, citing that it may be changed to a sentencing hearing if Smith is able to come back into compliance.

Smith was initially scheduled for a hearing on June 25 for breaking his home confinement on multiple occasions, including as recently as June 24.

Smith’s defense attorney, Rachel Cicurel, mentioned that Smith suffers from extreme mental health issues. Since his release, Smith has taken great initiative to improve his mental health, according to his doctors, and he is taking classes on how to cope with anger and depression.

Cicurel also noted that Smith has three family deaths, including his father. He was also living alone and there was an outbreak of the coronavirus on his floor, so he had to move elsewhere because he has chronic pneumonia.

Cicurel said that while Smith has been leaving his place of residence, he has had no other reporting issues, and has not allowed his GPS’s battery to die.

The Pretrial Services Agency unsuccessfully requested that Smith stepped back because of his non-compliance with his home confinement.