A Fort Mill man accused of reckless homicide in a February crash off Interstate 77 in Rock Hill that left an Indian Land woman dead will remain jailed without bail, a judge ruled Wednesday.
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Joel Laron Smith, 21, has been in the York County jail since the Feb. 27 wreck where his car went airborne exiting the highway onto Celanese Road at Exit 82. Smith was traveling almost 70 miles per hour down the exit ramp when the car hit two concrete abutments before crashing, prosecutor Matthew Shelton said in York County criminal court.
The crash area is one of York County’s busiest intersections. The speed limit is 60 MPH on the highway, but Shelton said safe speeds must be lower on an exit ramp.
Marybeth Robinson, 43, a wife and mother of two sons driving a minivan, died in the crash. Her family listened to the hearing by phone Wednesday but did not attend court.
“She was an outstanding human being who was ripped out of this family’s life because of this reckless behavior,” Shelton told Judge Bill McKinnon.
A GoFundMe account set up for the family describes Robinson as a “selfless soul” who was also a foster parent to a girl at the time she died. The account has raised more than $50,000.
Smith is a convicted felon who also had an illegal gun in the car at the time that he also faces charges for, Shelton said.
Smith claimed to Rock Hill police a problem with a floormat that he was trying to fix affected the gas and brake pedals at the time of the crash; Flock cameras at the scene did not show the car’s brake lights illuminate before the car went airborne, Shelton said. Smith is a danger to the public if released before trial because of the crash plus his past criminal record, Shelton argued.
McKinnon said Smith is a flight risk if given bail because he has past convictions or pending charges in Arkansas, North Carolina and South Carolina. He also has failed to appear in court in another state and has a past conviction for giving false information to police.
“The defendant is only 21 years old, yet he has a record that suggests he doesn’t take the legal system seriously,” McKinnon said.
Prosecutors are waiting on Smith’s toxicology tests to come back, Shelton said. Marijuana was found Smith’s car, along with a canister of nitrous oxide bought from a smoke shop, according to Shelton. Smith also told police that in days previous he had used kratom pills, a type of drug that can be bought over the counter in stores.
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Shelton said Smith admitted to police he smokes marijuana and used kratom but denied doing so the day of the crash.
Smith can ask for bail again after toxicology tests are completed, McKinnon said. Another judge denied Smith bail in April after a previous hearing.
Defense: Denying Smith bail is “an injustice”
Smith has not been convicted of any crimes from the crash yet has been jailed since it happened. He did not speak in court Wednesday.
Robert Bruce, his lawyer, said the crash is a “tragedy for sure” and Smith had nightmares in jail about the accident.
Smith worked at an area Bojangles and was going to welding school at the time of the crash. Smith told police the floormat became jammed between the gas pedal and the brake pedal.
“He was trying to dislodge it and he lost control of the vehicle,” Bruce said. “However the state wants to spin the facts, that’s what he said happened.”
Bruce said prosecutors are “speculating” about Smith being impaired or under the influence of anything,“but they have not shown any proof of that.”
Nitrous oxide and kratom are not illegal and there was only marijuana residue in the car, Bruce said. Smith was honest with police when he spoke to them after the crash freely without a lawyer, Bruce said.
Smith lost consciousness for a brief period of time after the “dramatic accident” yet a bystander at the crash scene “tackled” Smith and “held him down and put their foot on his head and he wasn’t trying to flee,” according to Bruce.
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Bruce said to continue to deny bail to Smith is “an injustice.”
No trial date has been set.
