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An attorney from San Ramon who had pleaded no contest in a hit-and-run collision that killed a bicyclist in Dublin three years ago withdrew his plea on Friday after the judge who was scheduled to sentence him recused himself in the case.
Spencer Freeman Smith, who lives in San Ramon and practiced law in San Francisco, pleaded no contest on Nov. 25 to felony hit-and-run and misdemeanor vehicular manslaughter for striking and killing 57-year-old Bo Hu, who was visiting from China, in a collision on Dougherty and Fall Creek roads in Dublin on May 15, 2012.
Smith, 35, was arrested two days later after Dublin police identified him as the owner of a recently purchased black 2012 Mercedes-Benz CLS550 connected with the collision.
Dublin police said Smith’s car suffered extensive windshield and front-end damage and was missing parts that were recovered at the scene of the collision.
Alameda County Superior Court Judge Kevin Murphy, who accepted Smith’s pleas, was scheduled to sentence him on Friday but he said he realized that there would be a potential problem if he were to sentence Smith because of relationships he has with people who wrote letters supporting Smith.
Based on Smith’s pleas, he could have been placed on probation or sent to state prison for up to four years.
After Murphy recused himself, Smith’s attorney, Dionne Choyce, then asked to withdraw Smith’s pleas, noting that Smith has the right to be sentenced by the same judge that took the pleas.
Murphy said the case will now revert back to the pre-trial state, with Smith’s previous not guilty pleas restored.
Smith’s case will come before a different judge on April 10. New court dates will be set at that time, and Smith won’t be required to be present for that hearing.
At future hearings, Smith will have the option of re-entering no contest pleas or going to trial.
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Hit and run = no regard for human life. Then work the court system. How can anyone write a letter on his behalf? A real upstanding citizen. This guy need to go away for a long time.
What a sham! “Attorney” Smith clearly knew he hit someone as he intentionally hid his MBZ in the garage to avoid detection. The poor family of the deceased now also have to relive the horrible incident again. If Smith had any conscience, he wouldn’t have changed his plea and accepted the sentence.
Smith should be disbarred. I wonder if there is any possibility the family of the deceased can sue him? I can only hope so!
Why is anyone surprised..
Wake up people…”we the people of this great country are the cause of these actions. We forgive and forget.
A black attorney did something wrong…WOW surprise, surprise. Now for the big surprise.. Mr. Smith, you were a bad boy, but the court forgives you.
No jail time, No house arrest time. Maybe a little community service will heel all.
Take your driver lic away..oh my of course not.
Go home to your family Mr. Smith and promise never to kill anyone else.
Folks we live in a sick society.
Tanks for listening, Julia Pardini from Alamo
He’s not getting off easy because he’s black. It’s because he’s got money and connections. If this guy was a plumber or a truck driver, he’d be in prison by now.
He’s been gaming the system for far too long, that is for certain. Like a slimy used car salesman. It is nothing short of a travesty that this has been allowed to go on for three years.
It sounds like four years is the max jail time he is looking at? That is another disgrace. And who are these lowlifes that sent Judge Murphy letters of support? How about it Gina – you up for a little detective work?
And did Murphy recuse himself before or after the public found out about these support letters?
Why do people fantasize about vigilantism? Look no further than the POS Spencer Smith.
Take heart folks. He will answer to this one day. We all will be held to account.
The sentence in that trial will be eternal damnation. Really not worth compromising eternity
Give him a medal. He got a damn cyclist off the road.
Thanks for listening, Cyclist from Danville
Time for another reality check <sigh>:
None of you were there. None of you actually know the facts. I wasn’t and I don’t either, which is why I’m not passing judgment one way or the other, and letting the process take place instead. So put your torches and pitchforks away, folks. You’re shouting from a position of ignorance. I bet you all would have lynched the Duke Lacrosse players, too. (Except Julia, of course.)
And thank you, Julia, for baring your overt racism again, just in case anyone had overlooked it from your previous exhibitions.
Why does everyone think this guys is walking away or getting off from his charges. He now goes through the trial process in front of other judge.
I personally don’t think he’ll get a more sympathetic judge or one with more supporters. I think he’s doing what most people would do…if he made deal/plea under one judge, doesn’t it make sense for him to not want to be sentenced by a different person. My guess is that he pleas out under a similar deal with new judge. Doubt this will reach trial.
If you think this guy is a piece of garbage (like I do)…write your own letters of support (supporting harsh sentences) to the new judge stating.
Does anyone actually read or follow the whole stories on here?….or just troll comments?
The comment in the article that hit me right away was that with his “no contest” plea, he could only receive up to 4 years in state prison. I don’t find that near enough punishment for someone who hit and killed a biker, left the scene, and hid the evidence (his car).
As you say, JP – campaigning for a harsher sentence may be our only recourse.
“If this guy was a plumber or a truck driver, he’d be in prison by now.”
Or not; if you want to get away with killing someone, the victim being a cyclist and doing it with a motor vehicle is a good way to get the light hand of the law.
Spencer Freeman Smith is a killer! what is American law for hit and run after killing a person, not a deer!!! Why Spencer Freeman Smith is only, only 30 days in Jail and 11 months with electronic device!!! At the comfort of his orange county home after killing a people!!! Wow…..He is a killer on the road but free! !!! …
I guess this guy know he hit a person, not a stone or deer, he hit and run, and he knows how to get a better and shorter deal because he knows how. . .haha, in this case as an example, all the bicyc rider will be in dangerous when they ride on the road in American! The driver hit them to death as killed a deer…sad , but example for killing people without punishment! This is CA! Remember this judge and this laywer, you can kill a people and find them for free!!!