Spruce Head man, 70, gets 30 days in jail for stalking

By Stephen Betts | Apr 12, 2018
Source: File photo

Rockland — A 70-year-old Spruce Head man will begin serving a 30-day jail sentence June 1 after being convicted of domestic violence stalking.

Dana Smith Sr. was convicted April 6 following a jury trial in Knox County Superior Court. On Thursday, April 12, Justice Daniel Billings sentenced the man to 180 days in jail with all but 30 days suspended. Smith will then be on probation for two years.

He was also convicted of harassment by telephone and pleaded no contest to violating a protection from abuse order.

Smith must attend a batterer's intervention program and have no contact with the victim.

The judge agreed to allow Smith to begin his sentence June 1 because the Spruce Head man has shoulder surgery scheduled for late April.

Deputy District Attorney Jeffrey Baroody had asked for a 364-day jail sentence with all but 45 days suspended.

The prosecutor pointed out that Smith had sent 52 emails to the victim over a period of a few months. The quantity of emails and the content called for a longer sentence, Baroody said. There were vulgar emails, threats against a person the victim had seen, and messages that appeared as if he were physically watching her.

The prosecutor also pointed out that Smith had a criminal record dating back to 1966, but acknowledged there were no charges since 2000. Some of the convictions involved violating protection orders, Baroody pointed out.

Defense attorney Natasha Irving stressed the age of her client and that his criminal record was well in the past until the current case. She also pointed out that he was a military veteran who had a difficult time re-entering civilian life.

Smith and the victim had an up-and-down five-year relationship, Irving said.

Baroody pointed out that after the jury convicted Smith, he waited outside in his car for 20 minutes and that the victim's car was parked near his vehicle. Smith left after a Rockland police cruiser pulled into the parking lot.

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