Special prosecutor to try case against Judge Smith - WALB.com, South Georgia News, Weather, Sports

Special prosecutor to try case against Judge Smith

October 24, 2005

Americus- Sumter County state court solicitor Howard McKelvey has recused himself from the prosecution of Judge Smith, who was charged with misdemeanor battery in August.

According to the incident report, Rachel Oliver told Americus police her boyfriend, Rucker Smith, assaulted her at her Highway 27 East home. She claims he was upset that she hadn't come home the night before and knocked her down several times, threw her off the porch and choked her.

Smith was arrested and released from jail on a recognizance bond. He is still hearing cases from the bench.

Officials from the attorney generals office say they are in talks with several solicitors to see which of them would have time to try the case. Officials also say it will be up to the replacement to determine whether to bring charges against Smith.

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