By Lisa Walton
The Gazette
COLORADO SPRINGS, Colo. — A 24-year-old man accused of assaulting a jail guard in September will be tried for attempted first-degree murder, a judge ruled Monday.
The defendant, Marcus Smith, is also awaiting trial for the 2012 slaying of 87-year-old Kathryn “Kit” Grazioli.
Fourth Judicial District Judge Barbara Hughes denied the defense’s request to dismiss the attempted murder charge during a preliminary hearing Monday.
Smith allegedly attacked sheriff’s deputy Harry LeMonte after Smith was let out of his cell for his “hour out” in September. “I was taken by the neck and thrown to the floor,” LeMonte told the court.
He described being hit and kicked in the face before losing consciousness. The incident, which was caught on camera, was also shown to the court.
LeMonte also said he was in fear for his life and told the court that afterward, both his eyes were swollen shut for four days.
During the hearing, LeMonte also described two previous incidents in which Smith acted noncompliantly and threatened violence against him.
Defense attorney Josh Tolini argued that Smith’s threats did not amount to an intention to commit murder. Prosecutor Margaret Vellar, however, said Smith’s actions, including snatching and tossing the deputy’s radio and attempting to drag him into his cell, were deliberate.
Smith, who wore a spit guard and was surrounded by several deputies in court Monday, was dismissed by Hughes before the end of the hearing for mumbling and speaking “disrespectfully.”
At one point, when LeMonte described being dragged by his belt by Smith during the attack, Smith said he would “whip his (expletive) with the belt,” an outburst that led to him being removed from the courtroom. Review hearings for the murder and attempted murder cases have been set for Monday.