A hearing that was continued last month for one of three people involved in a string of burglaries involving law enforcement vehicles resumed this afternoon.
This is the case against 21-year-old Victor Smith was continued earlier because his defense attorney, Charlie O’Hara failed to file a motion questioning the legality of a search warrant in the case, in a timely manner. Judge Joe McCarville gave him additional time to do that.
He did argue his motion Thursday that he didn’t believe police had probable cause to search the defendants home. He says there is no statements in the affidavit provided to Judge Tim Chambers indicating that any stolen merchandise would be at the defendants home.
But, a co-defendants Madison Smalling and Sheridan Kiraly were apparently caught red handed stealing and Smalling implicated Smith in these string of burglaries. She said the items were to be given to Smith to sell. But, she also told authorities she didn’t recall seeing any of the stolen items at his home when she would visit.
The defense also argued that Judge Chambers is a victim in this case and that he shouldn’t have granted the warrant. But, Judge McCarville stated at the time, Judge Chambers didn’t know he was a victim. It wasn’t until later when he discovered he had a GPS device stolen, and later recovered it from the alleged stolen items that he learned he was also included.
Judge Joe McCarville found that there was probable cause for the search of Smith’s home. That means that the case will continue, and the defense wanted it scheduled for status hearing at this point instead of a jury trial because the state apparently offered a plea and he wanted time to discuss the offer with his client.
Smith is charged with 16-counts, while co-defendant, 19-year-old Sheridan Kiraly is charged with 17-counts of auto burglaries which involve breaking into police and sheriff vehicles, vehicles belonging to public officials or their families, and private citizens. One of the burglary cases occurring on July 1, but most allegedly occurring on Sunday July 3 of last year.
Smith in a separate case is also charged with possession of marijuana.
Kiraly was recently bound over on an additional charges of burglary when Judge Tim Chambers testified to also being a victim of these burglaries.
Judge McCarville set a status hearing in this case for March 16.
