74ºF

Man sentenced for for aggravated assault on an officer

Xavier Smith Jr.
Xavier Smith Jr.

CONROE, Texas – On Friday, Dec. 2, Judge Patty Maginnis in the 435th District Court sentenced Terrance Xavier Smith Jr. to 30 years in prison for aggravated assault of a public servant. This was after the defendant plead guilty to the court on Oct. 7, 2016, a news release from the district attorney said. 

This sentence is for an offense that occurred on Feb. 1, 2016, at the Tall Timbers Apartment
Complex in Conroe, Texas. Conroe police Officer Nicholas Baker was dispatched to a criminal
trespass in progress and disturbance with weapons. Upon arrival, Baker met with a complainant who
stated Terrance Smith Jr. had threatened him with a gun. At this time, Terrance Smith Jr. was hiding in a
nearby storage closet. Smith then ran out of the storage closet and a foot pursuit began, the release said. 

After running and attempting to jump a fence, Smith tried to hide behind parked vehicles, while discharging three shots at the officer from a .25 caliber handgun, according to the release. He then ran away from the officer again. Smith was later located and found hiding in the bathroom of the same apartment of the initial report. The officers then set up a perimeter, called a crisis negotiator, and the SWAT team to assist in apprehending Smith, in a stand-off lasting over an hour the release said. 

The release said during the sentencing hearing Conroe police Officer Nicholas Baker testified, along with crisis negotiator Juan Sauceda, and the Montgomery County Probation Department. Both Smith and his grandmother testified. Smith stated that he did not shoot at the officer, but into the air, in hopes that he would give up chase. Officer Baker testified that Smith shot directly towards him.

The judge was also presented with evidence of Smith’s prior conviction for robbery out of California, for which he was on parole, enhancing this first-degree felony to a punishment range of 15-99 years or life in prison the release said.