The felony assault under color of authority case against ex-San Bernardino Sheriff’s Deputy Corie Smith was thrown out by San Bernardino Superior Judge Ingrid Uhler on June 7.
Uhler dismissed the case under Penal Code Section 1385, which allows the dismissal of cases “in the interest of justice.” It comes three days after Smith’s jury trial ended in a mistrial.
Prosecutors accused Smith of kicking a man who lay on the ground on June 16, 2021, while working in Victorville. A Toyota dealership captured Smith’s actions on their security camera, and released it to TMZ.
“We feel like the outcome was correct. We feel that he didn’t do anything wrong. We felt from the start this case was going to be a hang, even if it went to trial,” said Michael Selyem, Smith’s attorney.
Selyem said he won the case by presenting the totality of the evidence to the jury, and that the full context of the case had not been presented by the video.
The man had been wanted by the police, and illegally possessed a gun. After the deputies retrieved the gun, the man fled on a 100-mph chase on the freeway for 15 minutes.
“No reasonable jury could reach a guilty verdict in this case,” Selyem said.
The jury deliberated for three days, and came back with three votes before the mistrial: 5-7 in favor of not guilty, 6-6, then 7-5 in favor of guilty, Selyem said.
“The San Bernardino District Attorney’s Office will hold accountable individual conduct and file charges that can be proven beyond a reasonable doubt. Deputy Smith’s conduct in no way diminishes that of the law enforcement professionals who serve with integrity and uphold the rule of law daily within our county and across the country,” the DA’s Office said in an Oct. 20, 2021 press release.
The dismissal was made over prosecutors’ objections, according to San Bernardino District Attorney Public Affairs Officer Jacquelyn Rodriguez.
State employee records show Smith has not received pay from the Sheriff’s Department since 2022. He found other employment, Selyem said.
Michael Selyem of Tustin’s Law Offices of Visco & Selyem defended Smith.
Melissa Rivera prosecuted.
Case No. FWV21003946
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