Aspen cop-kicker sentenced to probation |

Aspen cop-kicker sentenced to probation

A local homeless man with a history of violence against police was sentenced this week to four years probation for assaulting two Aspen police officers on separate occasions in 2015.

Landin Smith, who has been incarcerated at the Pitkin County Jail for most of the past two and a half years, also will have to spend as many as 90 days in jail until he is accepted into an in-patient treatment facility, according to the sentence handed down Thursday by District Judge Chris Seldin.

The two cases against Smith, 52, have been stuck in the criminal justice system for months after two previous false starts to resolve them failed.

Smith pleaded guilty to two felony counts of assault on a police officer in February 2016, but balked three months later when he claimed his lawyer hadn’t properly advised him of the consequences of the plea. He withdrew that plea and several months later pleaded not guilty to the charges by reason of insanity.

However, doctors at the state psychiatric hospital and a private psychiatrist found him sane, so he withdrew that plea in early June. Smith also has been found competent to stand trial twice.

Smith pleaded guilty June 2 to one felony count of assault on a police officer and one misdemeanor count of assault, also on a cop. The District Attorney’s Office agreed not to ask for prison in his case.

While on probation for the next four years, Smith must be on a sobriety monitoring program, abstain from alcohol and drugs and undergo a substance abuse and mental health evaluation, according to Seldin’s order.

Smith attacked an Aspen police officer in February 2015, who was driving him to a detox facility. In December, after he briefly posted bond and got out of jail, Smith was arrested again for being drunk and disorderly at the Aspen homeless shelter and kicking an officer at the jail.

Smith also spent three years in prison for kicking another Aspen officer in 2009. A month after he was released from that sentence, he returned to Aspen, kicked another officer and was sentenced to six months in jail.


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