Smith sentenced to custody for assault

Raissa Tetanish
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AMHERST - With more than half a dozen assaults in her criminal record, Kimberlee Diana Smith was sentenced to custody Wednesday for another.


The 34-year-old mother of four was sentenced to 90 days intermittent custody following a change of plea to one count of assault and resisting a peace officer.

At approximately 2:30 a.m. on March 21, as patrons were leaving some of the local liquor establishments, Amherst Police were called to the parking lot of one of the establishments, according to the facts outlined by Crown attorney Charles Ellis.

"Mrs. Smith had a lot to drink and walked outside," said Ellis, adding Smith was then aggressive with one of the other patrons.

Ellis said Smith punched a separate individual in the parking lot a "number of times", causing the victim's nose to bleed.

When police arrived, Smith was "verbally confrontation" with officers, who arrested Smith.

After being transported to the police department, Ellis said Smith was combative in her cell, resulting in two officers having to deal with her.

Smith's counsel, Andy Melvin, said Smith acknowledges that alcohol plays a factor when she does find herself in trouble.

"She has expressed to me that she regrets ever being out that night and that if she had stayed in, this never would have happened and she wouldn't find herself in trouble here today," he said.

Melvin also added that, while she does take responsibility in what happened, Smith was part of a "rowdy" crowd outside that night.

Smith is to serve her custodial sentence intermittently from 7 p.m. Fridays to 9 a.m. Mondays, starting March 18.

Following the custodial sentence, Smith is to abide by a probation order with conditions for 12 months.

Geographic location: AMHERST

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