Smith begins 5-year prison term

Published 9:55 am Friday, April 13, 2018

A Cawood man was ordered to begin serving a five-year prison sentence after his probation was recently revoked in Harlan Circuit Court.

Thomas Smith, 34, appeared in front of Harlan Circuit Court Judge Kent Hendrickson on the state’s motion to revoke probation on April 5. Commonwealth’s Attorney Parker Boggs and Assistant Commonwealth’s Attorney Jonathon Lee handled the case for the state.

According to the probation revocation orders, Smith entered pleas of guilty to charges contained in two separate indictments on Oct. 20, 2016, including third-degree burglary, two counts of second-degree unlawful transaction with a minor, second-degree criminal mischief and receiving stolen property under $10,000.

The charges contained in one indictment stem from Smith’s arrest on a warrant obtained by Kentucky State Police Trooper Kenny Abner.

According to the arrest warrant obtained by Abner, Smith induced three juveniles to burglarize Cawood Elementary School on July 18, 2015. Thomas and the juveniles entered Cawood Elementary School through the gym entrance and attempted to enter the concession stand, causing damage to the door. They then used bolt cutters to cut the lock from a storage building located on the school property, taking various items including, clothing, shoes, a box of toys, school supplies and health and beauty aids totaling over $1,000.

Smith was sentenced to a total of five years on Jan. 5, 2017. He was granted probation on the sentence for a period of five years, according to the judgment orders.

The probation revocation orders state Smith failed to abide by the terms and conditions of his probation. Smith absconded from probation supervision, failed to report to probation officers on multiple occasions and associated with a known felon. He was also found in possession of methamphetamine and drug paraphernalia following an arrest on March 7.

Hendrickson found Smith’s failure to comply with conditions of supervision constituted a significant risk to the community or prior victims.

Hendrickson revoked Smith’s probation and remanded him into custody to begin serving his sentence.