The attorney of the San Ramon lawyer charged with felony hit-and-run in the death of a bicyclist struck and killed on Dougherty Valley Road in May gave a clue in an interview with Patch as to his possible defense.
Spencer Freeman Smith, due back in court at the Gale-Schenone Hall of Justice Pleasanton on Tuesday to have a "special master" appointed to the case, also faces a misdemeanor count of vehicular manslaughter.
"The question is did he [Smith] realize he hit a human being," William Gagen said. "He realized he hit something because there was a huge hole in the windshield. He called his insurance company the next day and left it parked in the garage."
Gagen confirmed that Smith did not call Dublin Police to report the collision. He was not able to give any further comment about why he did not call.
Alameda County District Attorney representative Teresa Drenick said no additional charges have been filed and that all of Smith's court appearances have been "setting dates."
Gagen said the case is moving slowly and that the "special master" is someone with technical ability to examine electronic equipment like laptops and iPads and is a standard procedure.
Dublin Police Lt. Herb Walters said police are now done with their investigation and that everything is "in the District Attorney's hands."
On to felony hit-and-run and a misdemeanor count of vehicular manslaughter. Smith is accused of hitting bicyclist who was visiting Dublin from China when he was killed in the Dougherty Road and Fall Creek Road intersection at around 11:30 p.m. on May 15.
Smith was arrested by Dublin police three days later, after officers searched his San Ramon home and found a black Mercedes with damage to the windshield and front end. The car was missing the same parts that were found at the scene of the crash, Dublin police said.
The crash took place about three miles from Smith's home.
Smith is also in the process of a DMV hearing which deals with the status of his driver's license as it relates to this case.
Walters wrote, via email:
"It is my understanding that the DMV hearing is going to be continued because Spencer's attorney was asking Officer Castellucio questions that he could not answer, only the detectives could, otherwise it would be hearsay."
Gagen was not able to comment on the DMV hearing as he is not representing Smith on that portion of the case. Gagen says Dublin Police have been very good to work with on this case.
"The last thing in the world that Smith or I want to say is that Dublin Police have been difficult," Gagen said. "Dublin Police have been extremely cooperative in letting us see what we want. They have put a lot of time and heart in this case."
Smith practiced law in San Francisco at the time of the collision.
Patch editor Patrick Creaven contributed to this story.
It must a telephone pole. Or no, it is a reindeer/giant panda/dinosaur. Maybe it is an elephant since elephant bar is so close.
As to the charge of MISDEMEANOR vehicular manslaughter, the State must prove Smith failed to drive his car with the care and caution of a reasonable person and thereby caused an accident that resulted in the death of another, but because there were no witnesses, the State will not be able to prove of Smith’s negligence, meaning he will likely be acquitted on that charge, too. Hard as it may be to accept, we all had better resign ourselves to the fact that Smith is going to walk on this one and not even lose his driving license. Now, as to Smith’s law license, if the State Bar allows an attorney with such abysmal personal judgment to continue to practice law in this state, well, then we know the fix is in. My prediction is Smith will get a slap on the professional wrist with perhaps a three- or six-month license suspension, during which his law firm will keep him on a full salary, and then it will be back to business as usual. Lawyers, like doctors, take care of their own. I’ve heard there are actually a few ethical and honorable attorneys at the California State Bar, so I hope I am surprised.