After a jury trial and finding him guilty, a Bexar County jury sitting in the 187th District Court today sentenced Daniel Smith, 26, to forty years in prison for the Aggravated Robbery of a 74 year old retired engineer. At the time of the offense, the victim was sitting in his car in the drive through lane of a Popeye's Chicken located on Wurzbach near IH-10 on the afternoon of September 7th 2010. While pointing a semi-automatic handgun at the victim's head, Smith snatched money from his hand and demanded his wallet. He then fled on foot. Forty-eight minutes later, the defendant was captured on video-tape attempting to use the victim's credit card at a nearby Jewelry and Pawn store to purchase a lap top computer.
During the punishment phase the jury learned that, while on bond, approximately one year later, Smith brutally assaulted his neighbors, a middle aged couple, who came to the aid of his live-in girlfriend who was involved in an altercation with Smith. The husband received cuts and abrasions to his face after being struck repeatedly by Smith's hand and steel toed boots. The wife broke her ankle and obtained a laceration to her scalp that required several staples. The defendant had previously served time in prison for an Assault on a Public Servant. The jury also found the defendant guilty of Credit Card Abuse as a result of his attempts to use the 74 year old victim's credit card. For that offense, the jury assessed 8 years in prison and a fifteen hundred dollar fine. The sentences will run concurrently.
Aggravated Robbery is a first degree felony punishable by 5-99 years or life in prison and up to a $10,000 fine.
For further information please call Cliff Herberg, First Assistant District Attorney, at (210) 335-2342.