Conasauga Judicial Circuit Judge Cindy Morris denied a motion to set bond for a 34-year-old defendant charged with two counts of aggravated assault in Whitfield Superior Court on Tuesday, Feb. 13.
Defendant Lamar Smith — alternately identified as “Lamarr Roshan Smith” in Whitfield County Sheriff’s Office (WCSO) documents — is also facing one count of possession of a firearm by a convicted felon.
Public defender Carter Thomas requested that Smith’s bond be set at $10,000.
“He was born and raised in the Dalton area,” Thomas told the court. “He represents not to be on probation or parole or on bond for any other offenses, and no failures to appear that he’s aware of.”
Thomas said the defendant receives disability checks for mental health.
“He has numerous family in the area, pretty much everybody,” he continued. “Judge, he is not a flight risk, he’s deeply rooted in the area and he’s not a risk to reoffend.”
The state was opposed to bond being set for the defendant, citing five previous failures to appear on his record.
Also contradicting Thomas’ statements, the prosecution stated that the defendant was currently on parole for a 2015 robbery.
“He did receive a 12-year sentence,” said Conasauga Judicial Circuit Assistant District Attorney Mark Higgins.
He told the court the defendant also had burglary and felony drug convictions from 2008.
Continuing, he said the 2015 robbery sentence also included convictions for false imprisonment and aggravated cruelty to animals.
“I’ll find that he’s a risk to reoffend should he be released on bond,” Morris determined.
According to WCSO records, the defendant was initially arrested for the alleged aggravated assault and firearm possession offenses on Jan. 20.