Greene jury acquits Waynesburg man of DUI
A Greene County jury acquitted a Waynesburg man of drunken driving charges, which he was previously convicted of and then cleared of because of a mistrial ruling. Jason Alan Smith, 36, was acquitted of two counts of driving under the influence of alcohol and accidents involving damage to attended property on Monday, which was the second trial on those charges, Greene County District Attorney Marjorie Fox said.
A different jury found Smith guilty of the charges on Dec. 10, 2009. Judge Farley Toothman denied Smith’s motion for reconsideration and ordered a pre-sentence investigation in January 2010, Fox said.
Toothman then granted Smith’s motion for extraordinary relief in February by declaring a mistrial, citing unintentional prosecutorial misconduct and ordered a new trial, according to court records.
Fox said prosecutors asked for a continuance in August because the owner of a vehicle involved in the case moved out of the state, but Farley denied the motion, saying prosecutors had ample time to locate the witness.