UPDATE: Glasgow Police Officer Shooter Found Incompetent to Stand Trial

By: Brooks Jarosz, WSAZ News Staff Email
By: Brooks Jarosz, WSAZ News Staff Email

UPDATE 11/26/12 @ 4:17 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) – Still waiting for answers.

Nearly a year after he was almost killed, Glasgow Police Officer Steve Smith is waiting for the trial of his alleged shooter, Nickey Smith, to start.

"I would rather go ahead and go to trial, but obviously we have to answer some questions about his competency," Steve Smith said. "But to be honest with you, I would just rather go ahead and go to trial and get on with my life."

On Monday, Judge Carrie Webster made a preliminary ruling that Nickey Smith is incompetent to stand trial based on evaluations from the defense.

Steve Smith doesn’t buy it.

"He did what he did, and I honestly believe he knew what he was doing," said Steve Smith.

Reading from reports from the psychiatric evaluators, Webster said Nickey Smith’s testimony would be based on his delusions of what happened on the night of Dec. 13, 2011, and not the actual facts.

In the meantime, Steve Smith is still recovering.

"My main thing is I'm still working to come back to work," he said. "That's my main goal -- I want to come back, I can't let them win."

The state will get the chance to evaluate Nickey Smith. Their findings will go to the court for a final ruling on whether or not he is competent. That ruling is scheduled to come down Jan. 24.

Nickey Smith is currently in prison on federal gun charges.

Keep clicking on WSAZ.com for the latest information.

UPDATE 11/26/12 @ 12:51 p.m.
CHARLESTON, W.Va. (WSAZ) -- The trial for the man accused of shooting a Glasgow police officer set to get underway Monday has been postponed after the psychiatrists for the defense found the defendant incompetent to stand trial.

Now, Judge Carrie Webster is giving psychiatrists for the prosecution a chance to evaluate the defendant.

Kanawha County prosecutors say Nickey Smith shot Officer Steve Smith last December. The two men are not related.

Back in August, Nickey Smith pleaded not guilty to malicious wounding and attempted murder.

Smith did however recently plead guilty to federal gun charges connected to the shooting at his home.

The next hearing in this case is scheduled for January 24, 2013.

We will have a crew in the courtroom. Keep clicking WSAZ.com for updates.

UPDATE 8/28/12 @ 11:20 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- A man accused of injuring a police officer in a shooting last December say he is innocent.

Nickey Smith pleaded not guilty Tuesday to charges of malicious wounding and attempted murder.

Police say Smith shot Glasgow Police Officer Steve Smith at a home along Glass Fire Lane in Glasgow. The two men are not related.

Nickey Smith's trial date has been set for Oct. 29. He recently pleaded guilty to federal gun charges connected to the incident.

UPDATE 2/14/12 @ 11:20 p.m.
CHARLESTON, W.Va. (WSAZ) -- The federal case against Nickey Smith, a Kanawha County man accused of shooting a police officer, is moving forward.

Smith was indicted Tuesday by a federal grand jury on charges of having a shotgun.

Smith was arrested in December after police say he shot Glasgow Police Officer Steve Smith at Nickey Smith's home in Glasgow.

Officer Smith, who is not related to Nickey Smith, is still recovering from his wounds.

Nickey Smith isn't allowed to have a gun because he is a felon. He also is charged with malicious wounding in connection with the shooting.

UPDATE 1/17/12 @ 1:25 p.m.
CHARLESTON, W.Va. (WSAZ) -- A man accused of shooting a Glasgow City Police Officer was back in court Tuesday asking for his bond to be lowered.

Police say Nickey Smith shot officer Steve Smith at a home on Glass Fire Lane in Glasgow last month. The two are not related.

During the hearing, Smith asked for his bond to be lowered so he could get out of jail.

The judge agreed and he set his bond at $50,000 property. That was reduced from $100,000 cash-only.

Officer Smith was assisting in a burglary call at the house when the shooting happened.

He is still recovering from his injuries and is in physical therapy.

UPDATE 12/19/11 @ 12 p.m.
MONTGOMERY, W.Va. (WSAZ) -- It’s nearly been a month since a Glasgow Police Officer was shot in the line of duty. Now, he’s on the mend.

Thursday was Officer Steve Smith's second day in physical therapy.

"This is my worst nightmare." Smith said.

In December, Smith and a fellow Glasgow Police Officer were responding to a call when he took a bullet to the chest and arm.

“I just knocked on the door. The door flung open. I seen the barrel of the gun and as I twisted to get away, I just saw a flash of light. My next thought was I was going to die and leave my wife by herself. That's something I wasn't ok with," Smith said.

Officer Smith says suspect Nickey Smith shot him with a shotgun. His wife Samantha, a Kanawha County dispatcher, heard it all happen.

"A deputy heard me go down on the radio. The radio she was actually working was the sheriff's department radio. He started screaming we've got an officer down. Where is he at? She knew it was me," Smith said.

Although far away, she kept cool and did her duty.

"She sent me help. She held it together long enough until someone could take over her radio, but she was still sending me help," Smith said.

Now Smith is trying to help himself.

In 48 hours I've seen big progress. He's doing very good," Montgomery General Hospital Occupational Therapist Abhi Banerjee.

"I'm putting 110% into getting better, it's just a matter of how much I can get better now," said Smith.

It's a mission to return to duty, his second love, behind his wife.

Officer Smith still has shards of the bullet lodged in his arm and torso. He says in the next month doctors are going to check to see if he needs to have another surgery to remove them.

Nicky smith's case has been sent to the grand jury.

UPDATE 12/19/11 @ 12 p.m.
GLASGOW, W.Va. (WSAZ) -- A Glasgow police officer is back at home after he was shot last week.

Officer Steve Smith was assisting during a robbery call at a trailer on Glass Fire Lane, in Glasgow, when he was shot.

Police say when Officer Smith knocked on the door, Nickey Smith opened fire.

Officer Smith had to undergo surgery on his arm.

A nursing supervisor says he was released from the hospital last night.

Nickey Smith is still in jail on charges of malicious wounding.

UPDATE 12/16/11 @ 1:30 p.m.
GLASGOW, W.Va. (WSAZ) -- A man charged with shooting a local police officer is now facing a federal charge.

According to federal court records, Nickey Don Smith II is charged with being a convicted felon in possession of a firearm and ammunition.

Smith was convicted of malicious wounding about 10 years ago, so he isn't allowed to have a gun.

West Virginia State Police say Smith called Glasgow Police about someone trying to break in his house and when officers showed up, he started firing. Police say Smith used his sawed off shotgun in the alleged crime.

At least one of the bullets hit an off duty Glasgow Police Officer in the shoulder area, according to investigators. The officer is still in ICU at CAMC General.

According to court records, during a search warrant of Smith's home investigators found a 12 gauge, single shot, Central Arms Co., shotgun between a waterbed mattress and frame. Smith later admitted to police he shot the victim, according to court documents.

The documents also state that the shotgun was not manufactured in West Virginia.

UPDATE 12/14/11 @ 7:40 p.m.
GLASGOW, W.Va. (WSAZ) -- New details are being released about what led to a shooting that landed an officer from Glasgow in the hospital.

It all started shortly after 7 p.m. Tuesday along Glass Fire Lane in Glasgow.

Officer Steven Smith was shot while assisting with a reported burglary call and is still recovering in the hospital.

Police say Nickey Smith is the one who pulled the trigger and is now in jail.

In a news conference Wednesday afternoon, State Police said they're still trying to figure out why this shooting happened in the first place.

Police say it all started with a phone call.

"Mr. Nickey Smith had called 911 stating that he thought somebody was breaking into his residence," Senior Trooper J.M. said. "He requested law enforcement be sent to his residence to check that out."

When police arrived they didn't find any signs of a burglary, however, instead they found a homeowner with a gun.

State Police say Nickey Smith opened his door and shot Glasgow Police Officer Steven Smith in the shoulder.

"It's probably the last thing we ever want to hear come across the radio," Comer said. "It's something you can train in day in day out, and you can mentally prepare yourself day in and day out."

Comer added, "Until it happens it's just -- it's just the worst case scenario for a police officer."

Officer Smith was off duty and wasn't wearing a uniform, but the officer with him was.

Still, Nickey Smith told police he thought officer Smith was trying to break in, and that's why he pulled the trigger.

Police say they do not consider this a case of self defense.

Nickey Smith was charged with malicious wounding and felony possession of a firearm.

Nickey Smith and Officer Steven Smith are not related.

Troopers say Nickey Smith has an extensive criminal past, which according to court documents included more than a dozen complaints of malicious wounding, battery and assault.

There were some intense moments for a neighborhood that many say is normally peaceful.

Friends and family of Nickey Smith were at the home where this all happened Tuesday night into Wednesday morning.

Some are still in shock and don't believe Smith would hurt anyone.

Nickey Smith's mother says her son lived in fear for his life and was constantly threatened.

Signs of a struggle were apparent Wednesday with busted glass, bullet holes and blood near the crime scene.

"I heard this boom ... pop, pop, pop, pop, pop, pop, pop," neighbor Philip Brabson said. "A lot of shots."

When neighbors heard gunfire coming from the nearby home, some of them took cover.

"My wife and my daughter already ran in and grabbed the little girl and got down in the dining room floor," Brabson said.

After Officer Smith was hit, police quickly returned fire.

"They were hollering and after the shooting they said, 'Get down, I'm going to kill you, you're going to die,'" Brabson said. "They were in front of the police car, and I actually didn't know who it was because I guess the one officer was in plain clothes."

Friends of Nickey Smith find it hard to believe that he would want to hurt anyone and say he wasn't any trouble.

"I would never think of him to do something like that," friend Bret Hudson said. "He was a really good guy. He works, he pays his taxes, he owns his trailer."

Police say Smith used his sawed-off shotgun to fire the shots that struck Officer Smith.

"I'm sure it was a big mistake," Hudson said. "Absolutely."

Now the challenge is to pick up the pieces to help understand more clearly what happened in an otherwise quiet neighborhood.

Other neighbors say they're concerned after seeing lots of recent traffic rolling in and out of the neighborhood.

State Police executed a search warrant at Smith's home, but it's still unclear what may or may not have been found.

Smith's mother says he had a surveillance camera to monitor things going on around his trailer.

WSAZ.com has made several attempts to talk with Officer Smith's family, but so far we haven't been able to reach them.

Nickey Smith has declined to speak with WSAZ.com.

UPDATE 12/14/11 @ 1 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- Nickey Don Smith II has been charged with malicious assault of a police officers, according to the criminal complaint.

Police say Nickey Smith shot Glasgow Police Officer Steve Smith Tuesday night.

According to the complaint, Officer Smith and another officer were responding to a burglary complaint at Nickey Smith's home. As Officer Smith attempted to open the door, Nickey Smith opened the door and shot him in the right shoulder.

Nickey Smith told officers he shot Officer Smith with a sawed off shotgun because he was afraid it was someone trying to break in his house.

A Glasgow police officer visited Officer Smith at the hospital Wednesday, and tells WSAZ.com that he lost a piece of bone in his shoulder, but his condition is improving.

“Yesterday, national media outlets and the National Law Enforcement Officers Memorial Fund reported that the number of police officers who have died in the line of duty in 2011 has increased 14% nationwide from last year. Incidents like this in Glasgow remind us that regardless of the relatively low crime rate in our state, law enforcement remains a dangerous profession. Budget cuts and increased mandates result in agencies doing more with less available resources. Adding to the daily challenges faced by law enforcement is a growing disdain for officers among a small segment of our society who subscribe to moral relativism. Our thoughts and prayers are with Officer Smith as he begins his road to recovery.”– Colonel C. R. “Jay” Smithers

More information is expected to be released at a news conference Wednesday afternoon.

Keep clicking on WSAZ.com for the latest information.

UPDATE 12/14/11 @ 9:55 a.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- The West Virginia State Police is expected to release more information about the shooting that left a Glasgow Police Officer injured.

The shooting happened about 7:15 p.m. Tuesday at a house on Glass Fire Lane in Glasgow.

According to investigators, Officer Steve Smith was off duty when he responded to assist an on-duty officer with a burglary call at the home.

Troopers tell WSAZ.com Officer Smith was on the porch of the home when he was shot in the shoulder and chest.

Smith was rushed to CAMC General where he was taken into surgery. He's expected to be okay.

As of early Wednesday morning, Smith was still listed under evaluation.

Smith was in plain clothes and was not wearing a bullet proof vest, according to a Kanawha County Sheriff's Deputy.

Nickey Smith has been charged in connection with the case, according to investigators. He's currently at South Central Regional Jail and will be arraigned Wednesday morning on the charges.

Nickey Smith suffered minor injuries during the alleged crime, but no details have been released on how he was hurt.

Nickey Smith declined WSAZ's request for an interview.

The West Virginia State Police will have a news conference at 2:00 p.m. Wednesday to release the new information.

We will have a crew at the news conference. Keep clicking on WSAZ.com for more information.

UPDATE 12/13/11 @ 11:30 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- Glasgow Police Officer Steve Smith is the officer who was shot, police tell WSAZ.com.

As it turns out, the other person who was shot is the suspect, Nickey Smith. Police say the two men are not related.

Steve Smith suffered a gunshot wound to the upper arm, shoulder and chest area. He underwent surgery at Charleston Area Medical Center and is expected to recover.

As of 7:15 a.m. Wednesday, Officer Smith is still listed under evaluation at CAMC General.

Nickey Smith, who was not seriously hurt, was being questioned late Tuesday night at West Virginia State Police headquarters. No charges had been filed yet.

Kanawha Sheriff's deputies say they will be at the scene of the shooting, a home along Glass Fire Lane in Glasgow, for as long as six hours. They are in the process of obtaining a search warrant.

The shooting happened about 7:15 p.m. Tuesday.

Keep clicking on WSAZ.com for the latest information.

UPDATE 12/13/11 @ 11:15 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- A man has been arrested in connection with the shooting that injured a Glasgow Police officer and another person, police tell WSAZ.com.

His name is Nickey Smith.

Smith has not been arraigned yet, so the exact charges against him are not available. He age and hometown also were not available as of late Tuesday night.

We continue to follow this developing story. Keep clicking on WSAZ.com for the latest information.

UPDATE 12/13/11 @ 9:35 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- The police officer who was shot Tuesday night was undergoing surgery for a gunshot to his arm, police tell WSAZ.com.

Police are working to determine exactly what led to the shooting, which happened about 7:15 p.m. Tuesday along Glass Fire Lane in Glasgow and injured another person.

It reportedly stemmed from a burglary.

The Glasgow Police officer also was shot in the chest.

We continue to have a crew at the scene.

Keep clicking on WSAZ.com for the latest information.

UPDATE 12/13/11 @ 8:10 p.m.
KANAWHA COUNTY, W.Va. (WSAZ) -- A Glasgow Police officer is one of the two people who were shot, Kanawha County authorities tell WSAZ.com.

He is being treated at Charleston Area Medical Center.

Sheriff's deputies area at a home in Glasgow, and a suspect is in custody.

The shooting happened about 7:15 p.m. Tuesday along Glass Fire Lane.

We have a crew at the scene.

Keep clicking on WSAZ.com for the latest information.

KANAWHA COUNTY, W.Va. (WSAZ) -- Two people have been hurt Tuesday evening in a shooting along Glass Fire Lane in Glasgow, and a S.W.A.T. team has been called in to help, Metro 911 dispatchers tell WSAZ.com.

There are at least two victims, but the extent of their injuries could not be confirmed. Both were taken to the hospital.

The shooting was reported about 7:15 p.m. Tuesday.

A staging area has been set up at the mouth of Glasgow.

We have a crew headed to the scene.

Keep clicking on WSAZ.com for the latest information.

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