Attorney to Be Sentenced in 2012 Fatal Hit-And-Run in Dublin

By AUTUMN JOHNSON

The San Ramon attorney who pleaded guilty in November of 2014 to charges of felony hit-and-run and a felony count of vehicular manslaughter in the death of Bo Hu will be in court on Friday for sentencing, according to court records.

“He [Smith] is due to be sentenced in this matter on March 20 in Dept. 518 at 2 p.m.,” Alameda County District Attorney spokesperson Rebecca Richardson said.

Smith’s guilty plea came as a surprise more than two and a half years after the fatal hit-and-run crash that claimed the life of Hu, who was visiting Dublin from China when he was hit in the intersection of Dougherty and Fall Creek roads around 11:30 p.m. on May 15, 2012.

Smith was arrested by Dublin Police investigators three days after the crash, after officers searched his San Ramon home and found a black Mercedes with damage to the windshield and the front end. The car, owned by Smith, was missing the same parts that were found at the scene of the crash. Smith’s home on Baker Way in San Ramon was located 2.7 miles from where Hu was killed.

Since the arrest, Smith has been free on $60,000 bond, according to court records.

Following Smith’s change of plea, Hu’s brother, Lie Hu, who lives in China, told Patch, “Since I lost my beloved brother, a great burden of pain has persisted in my heart. Today’s result is a significant relief of the pain and my heart is filled with my great gratitude to involved law enforcement ladies and gentlemen for their hard working to bring fairness to my brother, no matter who and where from he was. From this point, I believe to see a sentence of fairness from the court to bring final peace to my brother’s unrest soul.”

Earlier this year, Lie Hu spoke exclusively to Patch about the loss of his beloved brother.

“My brother’s death, at 58 years old, is a huge loss to my family. He was my only alive full blood relative. [His death] left me in an overwhelming grief...My brother was also a much beloved family member among families... because of his caring, easy going, informative and fun-making personality. In all family-gathering activities, he was the center of conversations, telling jokes and activities. I couldn’t say enough how much we [lost] at the moment he was hit and lied on a road in a remote county of the States.”

Related article:

• Brother of Bicyclist Killed in 2012 Hit-And-Run Says the Death Left Him in ‘Overwhelming Grief’

In a previous Patch article, William Gagen, Smith’s lawyer said, “The question is did he [Smith] realize he hit a human being. He realized he hit something because there was a huge hole in the windshield. He called his insurance company the next day and left it parked in the garage.”

During that interview in 2013, Gagen told Patch Smith did not call Dublin Police to report the collision.

Smith was admitted to the State Bar of California in 2005 and practices law in San Francisco at the Law Offices of Patten and Smith. He has an undergraduate degree from Xavier University and graduated from law school at the University of Cincinnati College of Law.

Previous Patch articles about the fatal hit-and-run collision on Dougherty Road:

• Attorney Charged in Fatal Hit-and-Run Collision Due in Court
  
• Attorney Charged in Fatal Hit-and-Run Collision Due in Court
  
• Attorney Arrested in Dublin Fatal Hit And Run
  
• Bicycle Rider Killed in Hit and Run Identified
  
• Private Funeral Service to be Held Monday for Bicyclist
  
• No Charges Filed in Hit and Run Case; Arraignment Delayed
  
• Lawyer Charged in Fatal Hit-And-Run that Killed Bicyclist
  
• Fatal Accident Took Place Less Than 3 Miles From Arrested
  
• Attorney Charged in Fatal Hit-And-Run Has Hearing Thursday

Photo #1: Bo Hu was killed while riding his bike in Dublin in 2012. Photo provided by Lie Hu. Photo #2: Spencer Freeman Smith