DES MOINES – A man who was sentenced to prison after a dangerous high speed chase in Hancock county in the summer of 2016 has lost his appeal in the case.
On Tuesday, January 3, 2017, Antoine Smith appeared for sentencing on the charges of possession of marijuana with intent to deliver, a class D felony; eluding law enforcement while participating in a felony, a class D felony; and operating while intoxicated (OWI), first offense, a serious misdemeanor. The court sentenced Smith to 5 years in prison and a $750 fine on each of the class D felonies. The court also sentenced him to 2 days in jail and $1,250 fine on the OWI. The sentences will run concurrently. The court ordered him to obtain a substance abuse evaluation and complete treatment. The court also ordered Smith to attend a drinking driver’s course and revoked his driver’s license.
Smith was involved in a chase on July 27, 2016 near Garner and Britt in Hancock county in which several law enforcement agencies participated. Smith raced westbound on Highway 18 before he encountered stop sticks on the highway as he left Britt.
Smith appealed from the sentence imposed upon his convictions for possession with intent to deliver marijuana; operating while intoxicated, first offense; and eluding or attempting to elude a pursuing law enforcement vehicle. The sentencing court imposed concurrent sentences on all three convictions totaling an indeterminate five-year term of incarceration. Smith asserted on appeal the court improperly relied on only one factor—the nature of the offense— and applied a fixed policy in reaching the sentencing determination.
However, the Iowa Court of Appeals found the court appropriately considered all pertinent matters and did not abuse its discretion. Additionally, the court’s consideration of a number of factors, the circumstances of Smith’s offenses, including their commission in combination, and various sentencing options clearly indicates the court did not apply a fixed sentencing policy in this case, and his conviction was upheld.
Hey “America”, they could have run the sentences consecutively and he’d be looking at up to 12 years instead of 5 so before you start throwing race into the equation, learn the facts and the law. Racism is cried so often by liberals like you that it’s lost it’s true meaning. If minorities (ALL minorities) want to be treated equally, then stop crying discrimination every time you don’t get what you want.
I’m not excusing what he did but 5 years in prison? I’ve seen people do worse than he did and get probation and have committed many crimes. Oh I’m sorry, I forgot he is black and this is America! What was I thinking? If you can’t kill them, inslave them with low wages then locked them up!
He won’t serve five years anyway. They never do… white or black. Have you seen all the repeat offenders who don’t serve full sentence and violate probation. There is a saying you may have heard….” if you can’t do the time don’t do the crime “. I don’t feel sorry for those who choose a life of crime… white or black.
He will be out and driving drunk again in 6 months. Then he will probably kill someone (hopefully a liberal) and get life. Then he will be out in three years to do it all over again.