Shawn Day
The Virginian-Pilot
©
VIRGINIA BEACH
After former NFL star Bruce Smith's conviction Thursday of drunken driving, city leaders quickly backed away from plans to honor him.
General District Judge Teresa N. McCrimmon found Smith, 46, guilty of driving under the influence, speeding and refusing to take a breath test. Smith and his attorney, Larry Cardon, immediately appealed the conviction and scheduled a new trial for Aug. 27 in Circuit Court.
Smith's sentence, which included a 90-day suspended jail term, $440 in fines and a one-year suspension of his driver's license, was not imposed because of the appeal.
City leaders had planned to celebrate Smith, a Beach resident and graduate of Norfolk's Booker T. Washington High School, after his election in January to the Pro Football Hall of Fame. His arrest just after midnight May 15 led Virginia Beach Mayor Will Sessoms and others to postpone those plans.
The arrest was Smith's third DUI charge. His first, in 1997, was dismissed; his second, in 2003, resulted in acquittal.
City officials scrapped the plans within hours of Thursday's verdict.
"It puts the city in a bad position to be honoring someone who the city has just convicted of a crime," said Beach Councilman Jim Wood.
Councilman Ron Villanueva, who was co-planning the event, agreed.
"He's a tremendous football hero, but like all public figures, we're in the public eye, and we have to demonstrate sound judgment and serve as proper role models."
Meanwhile, Operation Smile, the Norfolk-based children's medical charity, said it would move forward with plans to honor Smith on Sept. 25. Smith was on the group's board of directors from 1995 to 2001 and went on a medical mission to Kenya, said Lisa Jardanhazy, Operation Smile's vice president.
"He's really served Operation Smile for 15 years," she said. "We're pleased to go forward with the event."
During Thursday's trial, Master Police Officer Bryan K. Womble testified that Smith smelled of alcohol after being pulled over for speeding on Interstate 264. His eyes were bloodshot and watery, and he admitted splitting a bottle and a half of wine with three friends earlier in Norfolk, Womble said.
Prosecutor Kristin Paulding showed the judge a police recording of Smith performing three field sobriety tests.
In the video, Smith appeared cooperative but frequently mentioned his knee problems. He also repeated Womble's instructions for each test, including one that required him to take nine steps heel to toe, turn and walk nine steps back heel to toe.
Despite repeating the instructions several times, Smith took 14 steps before finally turning.
Cardon did not dispute that Smith had been speeding on Interstate 264 or that he had refused a breath test after being pulled over. But he blamed Smith's poor field-test results on the former defensive end's concussions, major knee problems and other football injuries rather than alcohol. He handed the judge a stack of medical records detailing the ailments.
The judge dismissed the argument and said Smith couldn't follow the instructions because he was impaired.
During Smith's trial, no one mentioned that the officer who arrested him also faces a drunken-driving charge. Womble was charged June 20, after posting a 0.15 blood-alcohol concentration following a car crash near the Oceanfront. He is on administrative duty pending a July 27 trial, and officials have said the charge would not affect his cases.
Smith played 15 seasons for the Buffalo Bills and four seasons for the Washington Redskins. He retired in 2003 as the NFL's career sacks leader and is to be enshrined Aug. 8 in the Hall of Fame.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com

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habitual offender
He has been arrested 3 times for a DUI! Because he has money he gets off? He shouldn't be honored, and he should suck it up and take the sentence that he was given and save us the tax money of another trial. Are we going to wait until he hits and kills someone to actually punish him?
There is a seat waiting for you Bruce!
All I have to say is this......
HA!
Chesapeake prosecutor delays cop's hit and run charge
The cop hit a Neon. If you sneer at a Neon, there is over $1,000 in damage. The system seems to be protecting the cop in order to convict Bruce Smith.
The cop involved...
hasn't had his day in court yet. He hasn't been convicted of anything. He certainly has not had any charges (that I've heard about) leveled against him that he was ever impaired while on the job. That said, my guess is that, besides whatever legal penalties he may pay if found guilty, the city will face a plethora of legal challenges and appeals based on him being convicted, from the lawyers of many of those who were convicted of DUI when he was the arresting oficer.
Role Model???
I think that Bruce and the other officer that were charged with DUI should face the same penalty as any other offender. I don't think anyone should lose their job over a DUI on personal time, which is what the news is questioning about the officer. As far as Bruce, yeah he's an over-paid football player and like everyone..made a bad decision. As far as being a role model...parents need to step up to the plate and be their own child's role model. Quit making athletes, teachers, officers,..etc your child's role model. There are many people that get DUI's on a regular basis, but if that person is an athlete, teacher or officer...their picture is plastered all over the paper. Parents then speak out about how "it's a bad example" for kids. If parents are doing their job, then kids already know it's wrong to drink and drive. I'm just so sick of parents relying on other people to be their child's role model.
The city did as I suggested on these threads..
a few weeks back, and wait until the court proceedings were complete before deciding on having the bash. The court has spoken, and the city has too. Common sense is a wonderful thing if applied properly! I know there's an appeal pending, but there usually are. It looks like justice has been served.
3rd DUI
I have a relative that received a DUI 6 years ago. The individual had turn in his license and get a special one to drive to ASAP, AA OR other meetings of the like, or to work or doc. This was for ONE YEAR. Had to go to court, pay lawyer, fines to DMV, insurance. Thank God and we did he didn't hurt himself or anyone else. I made a believer out of him and I don't expect it to happen again. You go to jail, yes, jail, the next time. This stays on your record (or his for 11) years.
The guy in this article should be made to go to MADD and work with the on speaking to kids to "don't do what I did". Speak to families that have lost loved ones due to being stupid and irresponsible and killed them due to driving under the influence.
No exceptions or special treatment ever for this guy. For God's sake - his 3rd DUI. He has not learned one thing from the others, so he did it again.
AB
Chesapeake, VA
JUST BAD
3 DUI is not good even if he beat the others.On TV news the other night the Va. Beach mayor said Bruce asked not to be honered if I heard it correctly and if so Bruce is a stand up guy. Hope he gets help!!!!
Gut Check Time
He who is without any sin cast the first stone.
I've been in Mr. Smith's current place before in my life. And yes, I suffered. In part the negative experience made me a better person.
Jail, AA, public scorn,community service and parole are all good for individuals so charged. All of these elements should be mandatory for Bruce going forward. The slap on the wrist sends the wrong message to society. Redemption is only a small part of what is actually happening to Bruce right now.
Big picture, if you believe, pray for this mans "soul". He is going to need it to survive his demons. One day at a time Bruce.
What???
Why were our tax dollars planned to be spent on an overpaid athlete anyway??? I am completely against anything of the sort, with or without DUIs. On another note, I think most of the people supporting this man in spite of his crimes are just racist. If he was white, you would be as outraged over his behavior as everyone else.