Today, during a brief court appearance, the Contra Costa District Attorney’s Office dismissed all charges against former RPD Officer Eric Smith, Jr. “in the interest of justice." Their decision comes in the wake of a jury voting 11-1 to acquit Eric after a nearly month-long trial.
The DA accused Officer Smith of felony assault with a deadly weapon and a sentencing enhancement for causing great bodily injury as a result of a confrontation with a career criminal.
Smith spotted the suspect driving erratically in downtown Richmond and radioed that he believed he was stashing a gun underneath his seat. Smith eventually found the suspect after he had crashed into the side of a business in a neighboring city. When Officer Smith tried to take the driver into custody he ran. Once Smith caught up to him, they struggled and Eric wound up striking the suspect with his taser a total of thirty-eight times.
RLS managing partner and trial attorney Harry Stern described the case as one of the more difficult he has tried in light of the graphic body-worn and security camera footage of the encounter. However, Eric Smith was an excellent witness who clearly explained his justification for using force in a dangerous situation.
Stern appreciated the prosecution’s thoughtful post-trial review of the case and decision to dismiss. Stern also thanked his colleagues Andrew Ganz and Jason Campbell as well as the RLS administrative and investigation team for their invaluable assistance preparing for trial. The Richmond POA, led by RPOA President and PORAC VP Ben Therriault, showed up at trial for their member and otherwise lent their strong support to the cause. And, of course, PORAC LDF provided all of the necessary resources for this critical litigation.
