Judge turns down Smith's plea agreement

It’s not because further punishment is needed that Judge Thomas W. Rumpke chose to decline Marty Smith’s plea agreement last week. Instead, he said, it’s because he feels she needs more supervision for her drug and alcohol problems before being released back into the community.

Smith changed her plea to “no contest” on charges that she was criminally involved in the death of local man Doug Haar. She was found guilty of both accessory to involuntary manslaughter and to aggravated assault and battery by a jury in 2019, but the case was to be heard again following a successful appeal to the Wyoming Supreme Court.

In exchange, the State agreed to suspend the remaining portion of Smith’s original jail sentence. On the manslaughter charge, the recommended sentence was between six and 18 years, with credit for time already served and the remaining portion suspended, while on the aggravated assault charge, the recommended sentence was between six and ten years, again with credit for time served and the remaining portion suspended.

Smith would then have been placed on unsupervised probation for the period of one year.

However, said Judge Rumpke at Smith’s change of plea and sentencing hearing on Wednesday morning, “I cannot go along with this agreement.”

On behalf of the State, Deputy County Attorney Lynda Black explained that she supports the plea agreement on the basis that Smith has already served 819 days of her sentence and would have been eligible for parole next December. The plea agreement is the same sentence, she said, it’s just that the remaining portion will be suspended. Alluding to Smith having plans to leave the state, Black also said it would likely be best for everyone if she is no longer residing in Wyoming.

Because of the outcome of Smith’s appeal to the Wyoming Supreme Court, her attorney, Don Fuller, stated that, “Our confidence is up in terms of an acquittal” should the case go back to trial. On the other hand, he said, you never know what would happen.

Fuller pointed out that Smith would be accepting a felony conviction on her record for life.

A “no contest” plea would have removed Smith’s right to a trial, relieved the state of the burden of proof and meant that Smith could present no witnesses, evidence or arguments. The felony charge would have remained permanently on her record, which would have removed her right to vote, hold public office or own firearms.

“I know it’s not everything that the court originally anticipated in this matter,” he said, and that it’s lenient when compared to the original sentence, “But it also has teeth.”

When asked how the victim’s family feel about the plea agreement, Black said it was a difficult question to answer. Some are ready for this to be done, she said, but others feel it’s not what they wanted.

Black was directed to ask family members in the audience if they would wish to speak to the court about the agreement; all declined. Smith, too, declined to make a statement to the court.

Judge Rumpke heard that Smith received both alcohol and anger management therapy while jailed in Lusk. However, his decision to decline the agreement was based on his belief that it was not enough.

Smith has a history of drug and alcohol abuse, he said, and mixing prescription medication and alcohol “is what this whole incident arose from.” The issue is not more punishment, the judge stated, but that he would want Smith to be successful on her probation rather than see a return to the criminal justice system.

According to Judge Rumpke, in the case of a binding plea agreement, the judge is required to indicate whether or not they plan to go along with the terms of the plea. If the judge’s answer is no, the defendant has the right to withdraw their plea.

Though Fuller indicated that Smith will indeed be withdrawing her “no contest” plea, the matter is to be held in abeyance until Smith has had time to confer with her legal representation. Judge Rumpke asked Fuller to contact the court in two weeks’ time to indicate how Smith intends to proceed.