A 48-year-old Gillette man accused of trying to kill his brother by stabbing him in the ribs told a judge Thursday the gesture was self-defense.
Aaron Duane Smith was charged Wednesday in Gillette Circuit Court with one count of attempted second-degree murder, which is punishable by a term of between 20 years and life in prison and up to $10,000 in fines. He was also charged with one count of attempted manslaughter (up to 20 years and $10,000 in fines) and aggravated assault (up to 10 years and $10,000 in fines).
An evidentiary affidavit by Gillette Police Department Cpl. Thomas Prather alleges that on Tuesday evening, Smith stabbed his brother Jacob during an altercation, and the latter had to have his spleen removed because of it.
“No I’m not a danger (to the community,” Smith told Gillette Circuit Court Judge Paul Phillips during a Thursday bond hearing. “I was,” Smith paused, “whacked and defended myself. That’s about it.”
Addressing the battery and DUI cases in his criminal history, Smith said, “My past is my past. I paid for it. I don’t need to pay for it again.”
“Unfortunately for you,” countered Phillips, a person’s past conduct involving drugs or alcohol is one of the factors a judge must consider when setting bond.
Phillips set a $250,000 commercial bond. He also imposed numerous conditions in the event of Smith’s release, including for Smith to wear a GPS tracking device, avoid his brother and possess nothing “sharper than a butterknife.”
Smith, who said he’d like to obtain a public defender, has a couple upcoming opportunities to protest the charges if he wishes.
He’s set for an Oct. 2 preliminary hearing, where he may defend against the Campbell County Attorney’s Office’s evidence that it has probable cause to keep prosecuting him.
Failing that, he may ask for a “John” or self-defense hearing, where he can argue against the state about whether he acted in self-defense.
And if neither of those proceedings break in his favor, he may go to trial or negotiate a plea agreement.
Court Docs Say …
Prather’s affidavit says he responded to a redacted address, an apartment in Gillette at 8:04 p.m. Tuesday.
Jacob Smith had called 911 and reported that his brother Aaron Smith had stabbed him in the ribs, the document says.
Prather found Aaron Smith lying on the living room floor and Jacob Smith standing nearby, still on the phone with a 911 dispatcher, with blood saturating his shirt on the left side of his torso, the corporal wrote.
“He f***ing stabbed me,” said Jacob, motioning to Aaron Smith, says the document.
Prather wrote that he lifted Jacob’s shirt and found a puncture wound indicating stabbing, and an “incised wound” several inches below that.
Prather put a seal on one of the wounds and escorted Jacob Smith to the ambulance, leaving other officers on scene with Aaron Smith, says the affidavit.
Speaking with other officers, Aaron Smith admitted that he stabbed Jacob Smith and said Jacob Smith had physically attacked him, the document says.
Aaron Smith bore no stabbing wounds, but his arms showed “several injuries” consistent with marks someone would receive if another person were trying to free an object from his grip, wrote Prather.
In Jacob Smith’s account of the incident, the alleged victim said he fought the knife away from Aaron Smith, then retreated to his bedroom.
Investigators secured a search warrant for the home and found a folding knife with a 4-inch blade, bearing fresh blood and sitting in the corner of the living room, Prather wrote.
Clair McFarland can be reached at clair@cowboystatedaily.com.
