Suspect waives hearing in assault case
A Uniontown man serving a 142-month federal prison sentence for a conviction on drug charges in West Virginia waived his preliminary hearing Thursday into charges filed by state police alleging he beat a woman with a baseball bat, causing several broken bones two years ago. Howard Smith Jr., 39, also known as Charles Smith, waived his hearing into the alleged Oct. 4, 2002, beating of Brittany Winfrey inside of her 410 E. Main St. apartment in South Union Township.
Winfrey’s daughter, another woman and her daughter were also injured in the alleged attack, according to an affidavit filed by police.
The hearing was scheduled before District Justice Rick Vernon, who returned Smith to the Fayette County Prison.
The case will be forwarded to Fayette County Court where he will either have a trial or accept plea agreement.
Smith faces four counts of aggravated assault, four counts of two separate simple assault charges, four counts of recklessly endangering another person, harassment, burglary, intimidation of witnesses or victims, retaliation against witness, witnesses or victims and criminal mischief.
In his affidavit, trooper Brian Mears says he interviewed Winfrey in Uniontown Hospital where she was being treated for broken bones in her left elbow, wrist and foot and numerous cuts and bruises.
She reported that she was watching TV with her then 6-year-old daughter, Debra Drone, and her then 9-year-old daughter when Smith smashed the front door window at approximately 11:30 p.m.
They ran into a bedroom, but Smith entered and repeated hit her with a bat, she said.
Drone told police she tried to stop him, but her hit her as well and the two girls said they were struck while trying to hide behind their mothers.
Police said Winfrey had a protection from abuse order against Smith at the time of the incident.
Mears said Smith was sentenced Jan. 4 to 142 months in federal prison for a conviction on drug charges. He said the drug law violations occurred in Morgantown.
Smith is serving the sentence in the Federal Correctional Institution at Cumberland, Md.
He also said Smith is wanted on a 1993 warrant in Cuyahoga County, Ohio, charging him with kidnapping and assault.
Assistant District Attorney Joseph George Jr. said the time Smith spends incarcerated in Fayette County does not count toward his federal sentence.
Locally, he was sentenced on March 26 to four to six months in prison for the PFA violation, Uniontown police detective Phillip Jones said.
He said preliminary hearings for Smith are scheduled for next month on two cases and Winfrey was the victim in both.
In one case he is charged with aggravated assault and simple assault while the second charges him with aggravated assault and robbery.
Those hearings will be held before District Justice Mark Blair.