A 21-year-old Hutchinson man entered pleas in three cases against him was granted 24-months community corrections with an underlying sentence of 66-months.
Victor Smith entered a plea in the drug case to possession of cocaine with intent to sell and possession of marijuana. He had earlier faced the additional charges of possession of drug paraphernalia with intent to use to package a controlled substance for sale, no drug tax stamp, and possession of personal use drug paraphernalia.
In the burglary case, he entered a plea to conspiracy to commit burglary and felony theft, and in the third case, he entered a plea to leaving the scene of an accident where great bodily harm occurred. The victim in that case spoke and wanted Smith to take full responsibility for leaving her after the accident. Smith when allowed to speak satisfied her request.
Smith told the court that he admits he made a few mistakes and bad choices and wants Community Corrections so he can get on with his life.
Judge Joe McCarville began asking questions over the accident involving his motorcycle and whether he knew anything about first aid, such as was she bleeding or breathing. Smith told the judge his first thought would be to call 911. But, he didn’t do that, he left instead.
Judge McCarville blamed it on his stupidity and ignorance, and told him he was lucky he wasn’t facing a murder charge, which could have happened if she had died. The judge then asked if he checked those things and he said no, because she answered a question and was talking. The judge then told him he needed to start thinking about other people instead of just himself.
Smith left 25-year-old Nicole Butler along side the road after she fell off his motorcycle, and was injured. This back on April 7 and occurred in the 700 block of North Airport Road.
Butler reported to police that she fell off of a motorcycle after he lost control in the 700 block of North Airport Road. The family claims that she was high on drugs and caused the accident. They says she had never ridden a motorcycle before. Others say they were both high and he was traveling at a high rate of speed when the crash occurred.
The drug case goes back to March 31, 2011, when officers allege they found a safe in closet in a bedroom in Smith’s home and inside, there was a coin sized zip-lock bag containing what they believe was powder cocaine, about 3.5-grams. They also allegedly found two digital scales, which allegedly had white powder residue on them, as well as additional new zip-lock bags. In a freezer, they allegedly found marijuana, and also in the kitchen were two bongs that smelled of burnt marijuana.
In the burglary case, he’s accused of being involved in a number of auto burglaries associated with law enforcement vehicles, public officials, and other private citizens. Those crimes occurring over the 4th of July weekend last year.
A 19-year-old co-defendant was found guilty by a Reno County jury of 14-counts of auto burglary and one count of conspiracy to commit the auto burglaries. Sheridan Kiraly was sentenced to four and half years in prison. He also entered pleas in two other cases, both involving incidents in the Reno County Jail. He was sentenced to a total of 56-months in prison for the three cases. Madison Smalling entered a plea in the case against her and is currently on probation. Smith and Kiraly’s family believe she perjured herself with her testimony during the Kiraly trial and continue to believe to this day that she should face a perjury charge. But, the state believes otherwise and the jury found Kiraly guilty despite the defense claims.
Smith as part of his sentencing will also have to register with the Reno County Sheriff’s Office as a drug offender for the drug conviction.
He will also have to pay 800-dollars for the KBI lab fee, court cost and restitution in the burglary cases. That amount is yet to be determined.