A Toledo man faces allegations he choked his spouse during a violent altercation on March 30.
Jarod M. Smith, 41, is charged with one count of second-degree assault, domestic violence, a Class B felony punishable by up to 10 years in prison. The charge is considered a strike offense, meaning three such convictions would result in a mandatory sentence of life in prison.
Smith made a preliminary appearance in Lewis County Superior Court Tuesday. According to his attorney for the day, Rachael Tiller, Smith intends to retain private counsel.
Senior Deputy Prosecutor Brad Meagher asked the court to set bail at $25,000 cash or bond and enter a no-contact order protecting the alleged victim, along with an order for Smith to surrender any weapons within his possession.
Tiller argued for either an unsecured bond, or else no more than $10,000 in bail. She noted the defendant’s dated and minimal criminal history and said she didn’t see any assault history while reviewing his criminal record.
Tiller indicated the no-contact order was “standard practice,” and asked the court to grant a civil standby allowing Smith to move his trailer and vehicle from the shared property.
The defense attorney added that Smith was a full-time union worker and said Smith “can and will abide by conditions of release,” before noting that Smith had family present in court.
Judge J. Andrew Toynbee set bail at $20,000 cash or bond, based primarily, he said, on the allegations found in the probable cause affidavit.
Toynbee noted a potential danger to the community and said Smith “may seek to intimidate witnesses or otherwise interfere with the administration of justice if not for sufficient bail.”
The judge agreed to the no-contact order and the order to surrender weapons, as well as the civil standby, should Smith post bail.
Lewis County Jail records indicate Smith did post bail following the hearing.
The probable cause affidavit filed by the Lewis County Prosecutor’s Office states that Lewis County sheriff’s deputies responded to a welfare check request on March 30.
“It was readily apparent upon arrival, there had been a physical altercation within the boundaries of Lewis County, Washington,” the affidavit states. “The investigation revealed Jarod Smith, the defendant herein, had assaulted his wife.”
The affidavit notes that a disagreement “turned violent when the defendant repeatedly struck his wife,” and “began choking her,” according to the victim’s report.
“Deputies observed marks consistent with the assault that was alleged. While the victim was being interviewed, the defendant continued to interrupt, attempting to influence what the victim was reporting,” the affidavit states.
The victim also said that the defendant “broke her cellphone, but she was unsure where the phone was,” according to the affidavit.
The affidavit indicates that at least one firearm was present in the house “that both parties have access to.”
Smith is scheduled for an attorney-review hearing on April 2.
