On Friday, December 2, 2016 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 pled guilty to the court on October 7, 2016.
This sentence is for an offense that occurred on February 1, 2016 at the Tall Timbers Apartment Complex in Conroe, Texas. Conroe Police Department, Officer Nicholas Baker was dispatched to a criminal trespass in progress and disturbance with weapons. Upon arrival, Officer 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. 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. 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.
During the sentencing hearing Conroe Police Department 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.
Prosecutor Rochelle Guiton: “I am pleased that the Judge recognized the danger this individual presents to our community, and the risk each police officer takes, day to day.”