Plea Agreement

The Cassgram reports a plea agreement in pistol whipping case.

Court documents and Cass County Sheriff’s reports alleged Matthew C. Smith struck two Weeping Water men on or about November 19th of 2008 at the Smith residence west of Plattsmouth on Oakhill Road.

The 23-year-old Smith, who lived most of last year in Texas, had faced four felony counts: two counts of Use a Firearm to Commit a Felony (Class II) and two counts of Assault in the Second Degree (Class IIIA).

According to Cass County District Court records, Smith recently entered no contest pleas to three Class I Misdemeanors: count #1- Criminal Attempt, Second Degree Assault; count #2- Third Degree Assault; and count #3- Carrying a Concealed Weapon. The judge then found Smith guilty of all three counts.

There is no agreement as to sentencing but there is an agreement that attorneys will suggest restitution of $7,500. Sentencing is September 21st.

The sheriff’s report said Smith struck Nathan Bailey with a handgun and then assaulted Brian Dieter as Dieter came to the aid of Bailey. Authorities were notified after Bailey was driven to the hospital by private vehicle.

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