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Man who used toddler as a shield convicted as persistent felony offender, sentenced to 10 years


NKyTribune staff

In October, Anthony Smith’s girlfriend called Elsmere Police to say he was believed to be under the influence of methamphetamine and was acting violent while wielding a knife.

Smith

Police responded to the Edwards Road address to find Smith still armed with the knife and standing behind a three-year-old child.

Police managed to rescue the child, but Smith barricaded himself inside a bathroom with the couple’ two-year-old child.

He was taken into custody and went to trial in April.

Smith, who had two prior felony convictions, was convicted as a Persistent Felony Offender 1st degree.

On June 12, Judge Patricia Summe followed the recommendation of the jury and sentenced Smith to 10 years in prison.

The Kenton Commonwealth’s Attorney’s Office provided the following timeline of the events that led to Smith’s conviction:

Around 4:00 a.m. on October 16, 2017, Elsmere Police responded to a residence on Edwards Road. after a woman reported her boyfriend, Anthony Smith, who she believed to be under the influence of methamphetamine, was acting violent and armed with a knife.

When police arrived, Smith was observed inside the residence, still armed with a knife, standing behind the couple’s 3-year-old child. Officers were unable to respond to the threat posed by Smith because of his proximity to the young child.

After several attempts to encourage Smith to surrender, he charged the police using the child as a shield, according to court testimony. Police managed to subdue Smith without injury to the child.

After rescuing the 3-year-old, officers made entry into the residence, where Smith was barricaded in the bathroom with the couple’s 2-year-old child. After repeated requests by law enforcement for Smith to drop the knife or send out the child, Smith charged at officers while armed with the knife and using the 2-year-old child held across his body as a shield. Fortunately, the officers were able to subdue and apprehend Smith without injury to the child.

The case was called for trial before Kenton Circuit Judge Patricia Summe on April 25, 2018. The case was prosecuted by Assistant Commonwealth’s Attorney Emily J. Arnzen. Elsmere Police Sgt. Michael Metzger, Erlanger Police Sgt. Joe Scroggin and Erlanger Police Ofc. Josh Nezi testified at trial. 

After a two-day jury trial, Smith was convicted of Wanton Endangerment, First Degree.  After a sentencing hearing where the jury heard evidence of Smith’s two prior felony convictions, the jury convicted Smith of Persistent Felony Offender 1st Degree and recommended a sentence of 10 years in prison. 

On June 12, 2018, Smith appeared again before the court for formal, final sentencing. After hearing arguments from both sides, Judge Summe followed the recommendation of the jury and imposed the 10 year prison sentence.


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