A Syracuse man was sentenced to nine and a half years at the Indiana Department of Corrections after unsuccessfully trying to withdraw his plea agreement Monday morning.
Circuit Court Judge Michael W. Reed denied Zachary W. Smith’s request to withdraw his plea agreement for the charges of burglary, robbery, battery and probation violation. Smith, 24, Syracuse, took the witness stand and said he wanted to maintain his innocence and that he was confused with his plea agreement.
“I thought at the max (the sentencing) would be four years,” Smith said.
County Prosecutor Dan Hampton said he did not want to revoke the plea agreement. He pointed out Smith’s signature and initials throughout the document, and asked Smith if he signed the document without reading it.
“I do not remember saying, ‘Yes, I did it,’” Smith said.
According to a probable cause affidavit filed by the prosecutor’s office, Smith broke into a North Webster residence Oct. 17, 2013.
A North Webster Police officer spoke to the victim, who identified Smith. The victim said Smith and another individual broke into his residence with a rifle and ordered him and his girlfriend to get on the floor. The victim said he was struck in the face with the rifle, the affidavit states.
The men took a 42-inch television, s 60-inch television, a purse and two iPhones from the residence. Smith spoke to officers and admitted that he drove the van to the residence and assisted in carrying out the televisions.
Reed sentenced Smith to six years for burglary and six years for robbery. These are concurrent, so it is a total of six years for these two charges. Smith was also sentenced to two years for battery and one and a half years for probation violation. These sentencings will run consecutively.
Smith will also receive 682 days of jail time credit from his time spent in Kosciusko County Jail.
Smith continued trying to withdraw his plea throughout the hearing, but the judge and prosecutor did not comply.
“You have gotten yourself into this mess,” Reed said.
(Story By The Times Union)
