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Judge tells man: Consider yourself lucky

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By the Lincoln Journal Star

Friday, Sep 05, 2008 - 06:40:20 pm CDT

Lancaster County District Judge Paul Merritt Jr. told Ronnie Smith, 49, during his sentencing Friday he couldn’t tell him how lucky he was.

Smith, at one time facing 23 counts of violating a protection order, pleaded no contest to four.

At a hearing, the state sought to enhance the counts to felonies. But  Merritt said  the record of Smith’s 2007 conviction didn’t show that he had voluntarily, intelligently and knowingly waived his right to an attorney. So the violations remained misdemeanors.

On Friday, Merritt gave Smith the maximum penalty he could on the charges — six months on each, to be served consecutively.

He also sentenced Smith to one year, again the most he could, for a third-degree assault involving a fight with the victim.

“I drink a lot and it causes me some problems. But I just want to say I’m sorry,” Smith told the court.

Smith’s attorney, Bobbi Kosmicki, said the phone calls last fall weren’t violent in nature. He had reunited with the woman who sought the protection order. When they broke up again, she contacted the county attorney’s office about the calls.


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uh whats the point wrote on September 5, 2008 10:41 pm:
" too often we hear of violations of protection orders, judges slapping a $25 fine and the offender being told not to do it again. Meanwhile, the victim (also known as the person who took out the order) has to live constantly looking over their shoulder as the police cannot do anything unless physical harm comes to them. Simply being in violation by being too close to them doesn't matter. The victim has to be threatened or harmed. Harrasement doesn't matter. And, there are judges here who seem to think that being told "not to do it again" is all the punishment the violator needs. How sad. "

TO Uh whats the point wrote on September 6, 2008 2:16 pm:
" I think your comments are a little off. First, 'judges slapping a $25 fine' is a bit exaggerated and not the case. Also, 'the police cannot do anything unless physical harm comes to them'. The reason for a protection order is to protect the petitioner before the situation escalates to physical violence. A protection order prohibits the respondent from threatening, assaulting, molesting, or attacking the petitioner, or otherwise disturbing the peace of the petitioner. It also can be sought to prohibit the respondent from telephoning, contacting, or otherwise communicating with the petitioner, removing and exluding the respondent from the petitioner's residence, or ordering the respondent to stay away from a specific location. Any of these which are violated is a violation and result in the respondent being arrested and jailed. So, physical harm does not need to be present for a protection order to be enforced. "

of his many victims wrote on September 6, 2008 7:23 pm:
" I can not believe they did not put him away for good. This man is a habitual criminal. He is not capable of remorse. He has no respect for the law or a persons wishes if they don't meet his needs. A protection order to Mr. Smith is just a piece of paper. I know of several protection orders he has had placed against him and he has voilated every one. They put him in jail for a little while and when he gets out he finds another victim and the cycle starts all over again. He preys on women and their weaknesses. I personally have been emotionally scarred by this man and I will carry it the rest of my life. Mr. Smith sees a protection order as an invitation to see just how far he can push it. It's like putting out a welcome mat. He has been arrested I don't know how many times. He has been to prison twice already, and still they give him a slap on the wrist and say don't do that again. I personally feel slapped in the face by that sentence as do I imagine his current victim does. His level of violence seems to escalate with each victim. Is he going to have to kill a woman before they take him seriously. I have been harrassed, stalked, followed, spyed on, drug out of public places, assualted physically and verbally, humiliated and yes, he even threatened to kill me. Enough already. They call it the justice system, where is the justice. It makes me sick. What a joke. If that is the best that judge could do, then I would have to say yes, it was Ronnie Smith's lucky day (AGAIN). "