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Date: 11-19-2019

Case Style:

United States of America v. Joseph Nathan Smells

Case Number: 1:19-cr-00110-SPW

Judge: Susan P. Watters

Court: United States District Court for the District of Montana (Yellowston County)

Plaintiff's Attorney: Jeanne Torske

Defendant's Attorney:


Call 918-582-6422 if you need help finding a criminal defense lawyer in Billings, Montana for an assault and batter resulting in serious bodily injury on a reservation case.


Description: Billings, MT - The United States of America charged Joseph Nathan Smells with assault and battery resulting in great bodily harm.

After a two-day trial, a jury convicted a Pryor man of assaulting a man, causing facial injuries, on the Crow Reservation.

The jury found Joseph Nathan Smells, 34, guilty of assault resulting in serious bodily injury. Smells faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.


The prosecution presented evidence that Smells assaulted the victim by head-butting and punching him on February 13, 2019 in Pryor. The attack caused multiple facial injuries that required surgery.

The assault occurred as the victim, along with two others, returned to Pryor after attending a basketball game in Billings. While driving to drop off a passenger, the group passed the victim’s house. The driver noticed that the door had been kicked in and stopped to investigate. The driver walked toward the house and saw Smells, just inside the house, and another man and told them both to leave. Smells and the driver argued, and as the driver tried to call police, Smells walked to the vehicle, where the victim was a passenger. Smells spoke briefly to the victim then jerked open the vehicle door and began assaulting the victim. After the fight, Smells ran away.

This case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs.


Charge:


18:113F.F ASSAULT RESULTING IN SERIOUS BODILY INJURY and 18:1153(a) CRIME ON A RESERVATION.
(1)

Outcome: 11/13/2019 41 MINUTE ENTRY for proceedings held before Judge Susan P. Watters: JURY TRIAL DAY 2 as to Joseph Nathan Smells held on 11/13/2019. 9:00 am in court with jury present. Judge reads final jury instructions. Closings by both counsel. Alternate chosen randomly from the wooden wheel; thanked and excused. Clerk swears in bailiffs. Both counsel stipulate to have the deputy clerk go into the jury room to explain how JERS works. 10:00 am Bailiff escorts jury to start their deliberation. Note comes out at 11:23 am that the jury has reached a verdict. Jury brought in; clerk publishes verdict; dft GUILTY in the Indictment. Defense wishes the jury polled; clerk polls jury. Jury thanked and excused. PSR ordered and sentencing will be set by separate order. Dft remanded to the custody of USMS. Hearing commenced at 9:00 am and concluded at 11:23 am (Court Reporter Becky Sabo) (Law Clerk: J. Wolff), (Hearing held in Billings-SMC) (AMC) (Entered: 11/13/2019)
11/13/2019 42 UNREDACTED JURY VERDICT as to Joseph Nathan Smells (1) GUILTY ON COUNT 1. (AMC) (Entered: 11/13/2019)
11/13/2019 43 REDACTED JURY VERDICT (AMC) (Entered: 11/13/2019)
11/13/2019 44 JURY NOTE as to Joseph Nathan Smells (AMC) (Entered: 11/13/2019)
11/13/2019 45 JURY LIST WITH CHALLENGES as to Joseph Nathan Smells (AMC) (Entered: 11/13/2019)
11/13/2019 46 FINAL JURY INSTRUCTIONS (GIVEN) as to Joseph Nathan Smells. Note: instruction 29 was withdrawn during the reading of the instructions. (AMC) (Entered: 11/13/2019)
11/13/2019 47 JURY INSTRUCTIONS (WITHDRAWN) as to Joseph Nathan Smells (AMC) (Entered: 11/13/2019)
11/13/2019 48 WITNESS LISTS ON BEHALF OF GOVERNMENT AND DEFENSE as to Joseph Nathan Smells. (AMC) (Entered: 11/13/2019)
11/13/2019 49 JERS-EXHIBIT LIST WITH ADMITTED EXHIBITS SCANNED IN AS ONE PDF AND ATTACHED as to Joseph Nathan Smells. Note:due to personal identifier and graphic photos the exhibits are attached with an applicable party access security level. (AMC) (Additional attachment(s) added on 11/13/2019: # 1 ADMITTED EXHIBITS) (AMC). (Entered: 11/13/2019)
11/13/2019 50 ORDER SETTING SENTENCING as to Joseph Nathan Smells Sentencing set for 3/18/2020 at 10:30 AM in Billings, MT before Judge Susan P. Watters. Signed by Judge Susan P. Watters on 11/13/2019. (AMC) (Entered: 11/13/2019)

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