Scott Smith Pleads No Contest In Fatal Shooting

LITCHFIELD (AP) — Former New Milford Police Officer Scott Smith pleaded no contest Tuesday to a misdemeanor charge of criminally negligent homicide for fatally shooting a suspect in the back.

Smith, 32, received a suspended one-year prison sentence and two years of probation. As part of the plea deal, he promised never to work again as a police officer and cannot legally own a gun.

A former Newtown resident, he was a 1990 graduate of Newtown High School and earned a bachelor’s degree in social services at Quinnipiac College in New Haven in 1994 before becoming a police officer.

In 2000, a jury convicted Smith, who is white, of manslaughter in the December 27, 1998, shooting death of Franklyn Reid, 27, who was black. Smith was sentenced to six years in prison, but remained free while he appealed.

The state Appellate Court threw out the verdict because the judge had improperly barred defense experts from testifying and because of other errors committed in the trial. The state Supreme Court declined to hear the case.

Smith declined an offer by Superior Court Judge Robert Brunetti to comment in court on the plea, and he left the courthouse with his family without commenting.

He did not contest a synopsis of the facts that were presented in court, which Reid’s brother took as a sign of Smith’s guilt.

“To me, it means he admits that he’s guilty,’’ Wayne Reid said.

Reid was wanted by police for failing to appear in court and for probation violations. He was shot in the back at close range after a brief foot chase.

A witness testified that Reid was lying on his stomach with his hands behind his back when Smith put a foot on Reid’s back and shot him. A prosecution expert testified that shoe print residue was found on the back of Reid’s shirt.

Smith, however, testified that Reid was on his knees and possibly reaching for a weapon when he fired. Reid did not have a gun, but a folding knife was found in the pocket of his jacket.

Reid’s family members said they were disappointed that Smith would not serve any prison time, but said they were glad the five-year ordeal is over.

“I just want to put this behind us and move on with our lives,’’ said the victim’s mother, Pearlylyn Reid.

Reid’s family members said they decided to accept the plea because they knew Smith would never be a police officer again and would never legally be allowed to carry a gun.

Prosecutor John Connelly said that if the case had gone to trial again, it would have been very different because the Appellate Court had thrown out the conviction on numerous grounds.

“Justice was done in this matter,’’ Connelly said.

Smith’s lawyer, Jack Kelly, said in a written statement that Smith decided to take the plea deal because he knew his career as a police officer was over, if he was acquitted in a second trial. Smith had been a police officer for about two years before the shooting.

“Hopefully, with the burden of the criminal charge removed, he can pursue another career and lead a normal life,’’ Kelly said.

The plea was entered as jury selection was to begin in Smith’s second trial.

In May 2003, Smith rejected a plea offer that would have spared him prison time. Connelly offered Smith a chance to serve two years probation if he pleaded guilty to second-degree manslaughter, a felony.

The Reid family is pursuing a federal civil lawsuit against Smith and the New Milford Police Department. The lawsuit, in US District Court in Bridgeport, seeks unspecified damages.

Scott Smith was a standout three-sport athlete during his days at Newtown High. He ran cross country in the fall, was a starting guard on the basketball team and an all-Western Connecticut Conference (WCC) pitcher on the baseball team.  His parents live in Newtown.