A former San Mateo County Sheriff’s Deputy convicted of stalking his ex-girlfriend, severely beating her new boyfriend and violating a restraining order was released on his own recognizance by Judge Leland Davis at a sentencing hearing in Redwood City Friday morning.
The defense had filed a motion for release so the defendant could attend a funeral and Judge Davis granted it over the objection of prosecutors, according to San Mateo County District Attorney Steve Wagstaffe.
Prosecutors say that on Aug. 17, 2013 Colin Troy Smith drove his patrol car through Redwood City while in uniform, looking for his ex-girlfriend at bars. He eventually saw her with another man. Smith texted the woman, demanding to know if she’d had sex with the man and warning her that “he better not be with her when (Smith) got off duty,” according to prosecutors.
At 7 a.m. when he got off duty Smith forced his way into the woman’s home, found the man in her bathroom and severely beat him, fracturing the victim’s nose and eye socket, according to prosecutors.
Then on Dec. 4, 2013, while facing felony charges for assaulting his ex-girlfriend’s boyfriend, Smith approached the woman in defiance of a restraining order. While standing outside the woman’s driver’s side window he called her a whore and told her not to call the police, according to prosecutors.
Smith was convicted Nov. 6, 2014 on charges of felony assault with great bodily injury, felony witness intimidation and felony violation of a restraining order. The imposition of his sentence was scheduled for this morning at 8:30 a.m., but Smith was released on his own recognizance instead, Wagstaffe said:
“It’s an open ended release on conditions that he has to abstain from alcohol. … And he has to have no contact whatsoever with the victim.”
Smith will also be required to turn over his passport, check in with probation officers twice a week, wear an ankle-monitor and remain in the state of California. He will appear in court again May 8 at 10 a.m. to re-schedule the sentencing hearing that was supposed to take place this morning.
Wagstaffe added that Smith will likely remain out of custody until that date or longer. The delay was necessary as the defense attorney plans to file a motion for a new trial, according to Wagstaffe. Ted Meneice, Smith’s lawyer, could not immediately be reached for comment.