Man sentenced for assaulting corrections officer.

May 3, 2021

Dan Smith appears in 27th Circuit Court via Zoom video conferencing.

Man sentenced for assaulting corrections officer.

By Allison Scarbrough, Editor.

HART — A 35-year-old Rothbury man was sentenced to two days in jail with credit for two days served and 18 months probation for a conviction of assaulting a prison employee in 27th Circuit Court Monday, May 3.

Daniel Arthur Smith, 7792 S. 80th Ave., pleaded guilty Feb. 22.

Smith testified that he “resisted an officer that attempted to secure him in his cell.”

“I was kind of blacked out a little bit,” he said.

The incident occurred at the Oceana County Jail, March 5, 2020 after Smith was arrested for domestic violence and lodged in the jail. He originally faced two counts of the charge for assaulting two male guards, but one of the counts was dismissed in a plea agreement.

If he successfully completes his probation, his felony conviction will be reduced to a misdemeanor assault. 

His underlying domestic assault charge was dismissed, said his attorney James Marek.

He was ordered to pay $1,084 in restitution to the Oceana County Sheriff’s Office.

Assaulting a prison employee is a felony punishable by up to five years in prison. Sentencing guidelines in the case are 0-17 months.

Smith appeared in court Monday via Zoom video conferencing due to COVID-19 restrictions.

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