POMEROY — The alleged victim of a 2015 felonious assault has been sentenced to 30 days in jail and a $250 fine after failing to appear to testify at the trial of the man accused of the crime.
Forrest P. Frazier, of Guysville, was charged with one count of felonious assault in connection with a November 2015 incident in which he was alleged to have bit the ear of William A. Smith.
Smith and others, including his wife, were subpoenaed to testify at the trial of Frazier, which was scheduled for Sept. 29.
Smith, 39, did not appear at court that day and the prosecution requested a continuance until the next day. A warrant was issued at that time for Smith in an effort to bring him in to custody to appear at court the next morning.
Smith was not located and did not appear the following morning.
According to court documents, the prosecution asked that the court declare a mistrial as one of Frazier’s attorneys, Charles Knight, had represented Smith eight years prior. The court overruled the motion.
The prosecution then advised that it could not proceed with the case without Smith. Counsel for Frazier made a motion to dismiss, which was granted.
A motion was filed by Assistant Prosecutor Jeremy Fisher asking that Smith be found in contempt of court and punished accordingly.
Smith appeared in court Wednesday on the contempt motion and was found to have been in contempt.
Judge I. Carson Crow ordered Smith to serve 30 days in jail, pay a $250 fine and costs of the case for which he failed to appear as a witness.
Smith has filed a notice of appeal, including a motion for a stay of his sentence and/or that Smith be ordered to a work release center on Friday. A request for transcript was also filed by attorney Robert William Bright.
Smith is scheduled to report to the Meigs County Sheriff’s Office on Monday to begin his 30-day sentence unless a stay is granted.
Reach Sarah Hawley at 740-992-2155 ext. 2555 or on Twitter @SarahHawleyNews