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Statement from SD FACT Board Member Joe Kosel regarding Jerry Lee Smith animal cruelty sentence

3/27/2022

 
As a practicing attorney in the criminal justice system, I am very satisfied with this sentence.  Certainly, the facts of the case are egregious and we all have a feeling of wrath and desire for punishment for the perpetrator.  However, given the options for sentencing, I believe this result is a carefully crafted and appropriate disposition.

Mr. Smith served 244 days incarcerated prior to his sentencing. He was ordered to be under court supervision for two years, he was ordered to obtain a mental health and anger management evaluation and follow all recommendations for treatment. He must maintain sobriety and is subject to warrantless search and seizure.

Should Mr. Smith fail to satisfy these conditions, he faces revocation of his supervision and potential remand to prison for up to two years.  By this sentence, the judge has established the most stringent conditions available.  If he had just received the maximum two year sentence, he would likely be released in 3-4 months on parole under much more lax conditions.  Most importantly, this felony animal cruelty conviction will remain on his permanent public record.

Our hope is this sentence helps to protect the public from this man while requiring that his continued freedom be the result of his own active efforts to modify his behavior and, hopefully, he can learn some appreciation for our fellow creatures.  Regardless, this sentence stands as a strong message that the system is taking this matter seriously.  I thank the Judge, the States Attorney and defense counsel for this justice.
​
Jerry Lee Smith Sentence Conditions


Colton man charged with animal cruelty in ‘gruesome’ death of dog, puppies

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