NEW BOSTON, Texas-Repeated, profane outbursts led to a defendant's removal from the courtroom Wednesday during a bench trial on a charge of burglary with intent to commit aggravated assault.
Reggie Mason Smith, 42, elected to have his case decided by 102nd District Judge Bobby Lockhart rather than a jury of 12 Bowie County citizens. Proceedings in the bench trial were delayed Wednesday morning because Smith expressed a desire to plead guilty and have the judge determine his punishment only.
To accommodate his desire to remain out of the courtroom, Lockhart arranged for his court reporter and others to take Smith's plea in a holding area. Shortly after convening the hearing, Lockhart and court staff returned to the courtroom and announced that Smith was shouting and uncooperative.
"We're going to put him in that chair and do a bench trial," Lockhart said.
Within moments of being wheeled into the courtroom, Smith launched a verbal rant at the judge, referring to Lockhart profanely and as a communist and a coward. Smith continued to shout as deputies wheeled him out of the proceedings.
In his absence, his lawyer, Deborah Moore of the Bowie County Public Defenders Office, expressed concern regarding his competency to stand trial.
Smith was found incompetent by Texarkana psychologist Dr. Brian Smith in 2015 but was restored to competency after a stay in a mental health facility, where he began receiving medication that he continues to take under court order.
Under questioning from Moore, Dr. Smith testified Wednesday morning that he has concerns regarding Reggie Smith's competency. Assistant District Attorney Lauren Richards asked the psychologist if knowing that Reggie Smith planned his outburst would alter his opinion.
Assistant District Attorney Kelley Crisp called transport deputies Jimmy Payne and Brian Roseberry to testify about Reggie Smith's behavior while being driven from the Bowie County jail in Texarkana to the courthouse in New Boston. Both testified that Smith was polite and cooperative until it was time for court.
Registered nurse Michelle Arnold, a supervising health administrator at the county jail, testified that Smith's behavior in jail has been good since he has been on psychiatric medication.
After putting the court in a recess to consider the testimony concerning competency, Lockhart ruled that Smith is competent to stand trial.
A defendant is competent when he or she is able to understand the criminality of the alleged conduct, able to understand the court proceedings and able to assist his or her lawyer in a defense. A defendant can be mentally ill but still competent, and a defendant can be found competent but not guilty by reason of insanity.
After the finding of competency was made, it became necessary for Smith to be physically present for arraignment. He was wheeled back into court and entered a plea of not guilty. Crisp asked if he was pleading not guilty by reason of insanity or simply not guilty.
Smith immediately responded, "No, I am not."
He then inquired about the possibility of a plea bargain. When Lockhart informed Smith that the state had withdrawn all prior offers, he began shouting that the judge was a liar. Smith remained in the courtroom as the state called its first witness in the guilt or innocence phase of trial.
Bowie County Sheriff's Deputy Randall Baggett testified that he and a fellow deputy responded to a call Jan. 1, 2015, concerning a break-in at a home in the 1500 block of Myrtle Springs Road. Baggett, who said he has known Smith since childhood, testified that he found the defendant in the home's backyard.
The back door to the house had been kicked in and an alarm was sounding, Baggett said. Smith began to walk toward the deputies, pulled a small knife from his pocket and approached, threatening to rush them.
"He said we'd have to shoot him," Baggett testified.
After the deputy mentioned the effect a shooting would have on his mother, Smith threw the knife in the direction of an above-ground swimming pool and was taken into custody, Baggett said.
When Crisp passed the witness to Moore for questioning by the defense, Smith announced that he would prefer to represent himself.
"She wasn't there and doesn't know what to ask," he said.
When Lockhart declined to allow Smith to question witnesses, he again began shouting, prompting the judge to order him removed from the courtroom. As deputies wheeled him away, Smith shouted that the sun was shining the day of his arrest, contradicting Baggett's testimony that it was raining. Weather records show it was overcast and rainy throughout that day, according to Weather Underground.
Jeff Franks testified that he was at home when he noticed a man in a hoodie in his neighbor's yard Jan. 1, 2015. He said he heard loud thuds and heard a man shouting that he was "coming for" the home's residents.
Brenda Cox testified that she and her husband have been friends with Smith's parents since the defendant was a child. Cox testified that Smith's mother called her and warned that he was on his way to their home because he believed they had somehow wronged him. Cox said she believed Smith was using drugs and called police to the home.
Former Bowie County Sheriff's deputy and current Hooks, Texas, Police Officer Cole Ogden testified that he photographed the kicked-in back door of the Coxes' home and wet footprints on the floor.
The state rested its case after the homeowners' testimony. The defense rested its case after calling Dr. Smith to give more testimony concerning Reggie Smith's mental state. The state is expected to call its own mental health expert today as a rebuttal witness.
Another issue concerning the defendant's right to testify was raised by Crisp at the end of the day Wednesday.
"We have to do something to address his right to testify," Crisp said. "Since he has voluntarily absented himself from the trial, my position is he's waived it."
Lockhart said he would consider the matter during an evening recess.
The bench trial is expected to resume today. Prosecutors are seeking to increase the punishment Smith faces from five to 99 years or life in prison to 15 to 99 years or life because of his criminal history.