A 48-year-old Gillette man accused of attempting to kill his brother by stabbing him in the ribs told a judge Thursday that the act was self-defense.
Aaron Duane Smith was charged Wednesday in Gillette Circuit Court with one count of attempted second-degree murder, punishable by 20 years to life in prison and up to $10,000 in fines.
He was also charged with one count of attempted manslaughter (up to 20 years and $10,000 in fines) and aggravated assault (up to 10 years and $10,000 in fines).
According to an evidentiary affidavit filed by Gillette Police Department Cpl. Thomas Prather, Smith stabbed his brother Jacob during an altercation on Tuesday evening, resulting in the latter’s spleen being removed.
“No, I’m not a danger to the community,” Smith told Gillette Circuit Court Judge Paul Phillips during a bond hearing on Thursday. “I was,” Smith paused, “whacking and defending myself.” That’s about it.
Smith addressed the battery and DUI cases in his criminal history, saying, “My past is my past. I paid for it. I do not need to pay for it again.”
“Unfortunately for you,” Phillips countered, “a person’s past drug or alcohol use is one of the factors a judge must consider when determining bond.”
Phillips issued a $250,000 commercial bond. He also imposed numerous conditions on Smith’s release, including that he wear a GPS tracking device, avoid his brother, and possess nothing “sharper than a butterknife.”
Smith, who stated that he would like to hire a public defender, has two upcoming opportunities to contest the charges.
He is scheduled for a preliminary hearing on October 2, where he will have the opportunity to defend himself against the Campbell County Attorney’s Office’s evidence that it has probable cause to continue prosecuting him.
If that fails, he may request a “John” or self-defense hearing, in which he can challenge the state’s claim that he acted in self-defense.
If neither of these proceedings go his way, he may go to trial or reach a plea agreement.
Court Docs Say …
Prather’s affidavit states that he responded to a redacted address, an apartment in Gillette, at 8:04 p.m. Tuesday.
According to the document, Jacob Smith called 911 to report that his brother Aaron Smith had stabbed him in the ribs.
Prather discovered Aaron Smith on the living room floor and Jacob Smith nearby, still on the phone with a 911 dispatcher and with blood splattered across his shirt on the left side of his torso, according to the corporal.
“He f***ing stabbed me,” Jacob said, gesturing toward Aaron Smith, according to the document.
Prather stated that when he lifted Jacob’s shirt, he discovered a puncture wound indicating stabbing and a “incised wound” several inches below that.
According to the affidavit, Prather sealed one of the wounds and escorted Jacob Smith to the ambulance while other officers remained on scene with Aaron Smith.
According to the document, Aaron Smith admitted to other officers that he stabbed Jacob Smith and claimed Jacob Smith physically attacked him.
Aaron Smith had no stabbing wounds, but his arms showed “several injuries” consistent with marks one would receive if another person attempted to free an object from his grip, according to Prather.
According to Jacob Smith’s account of the incident, the alleged victim fought Aaron Smith for the knife before retreating to his bedroom.
Investigators obtained a search warrant for the home and discovered a folding knife with a 4-inch blade, covered in fresh blood, in the corner of the living room, according to Prather.
