A Durango man who broke into an occupied home while armed with a screwdriver in one hand and a knife in the other will spend 90 days in jail and three years on probation.
Matthew Bennett Smith, 42, was convicted of felony trespassing. He was sentenced to 30 days in jail and probation in September 2014, but he failed to comply with terms of his probation, so he faced a resentencing hearing this week.
District Judge Suzanne Carlson planned to allow Smith to participate in a community corrections program, which would allow him to remain free while working in the community under close supervision, but he was not accepted into the program.
Upon release from jail, Smith must obtain mental health evaluations, comply with recommendations for treatment, abstain from alcohol and drugs, and pay court costs and restitution.
If he’s not successful on probation, he faces three years in prison.
Smith broke into the home about 3:15 p.m. June 13, 2013, at 1020½ Main Ave. – an upstairs apartment near Carver Brewing Co.
A man and a woman who were inside the apartment locked themselves in a bedroom and called police.
As police tried to enter, Smith locked the door, according to an arrest affidavit. Officers kicked open the door and found Smith hiding behind a kitchen counter. With guns drawn, police yelled repeatedly for Smith to drop the knife and screwdriver, the affidavit says. He eventually dropped the knife and got to his knees, but he held onto the screwdriver, according to the affidavit.
An officer fired a nonlethal bean bag round at Smith, hitting him in the torso. He then began stabbing the carpet with the screwdriver. The officer fired another bean bag round, striking him in the abdomen area.
Smith dropped the screwdriver and officers arrested him.
Public defense lawyer John Moran asked that Smith be placed on probation, while Assistant District Attorney Christian Champagne asked that a prison sentence be imposed.
Judge Carlson said Smith has already violated terms of his probation, so she wasn’t going to reward him with probation.
Likewise, she gave him a chance to prove he could be successful in the community before going to prison.
shane@durangoherald.com
