Lawyer Who Pleaded Guilty in Fatal Hit-And-Run of Bicyclist in Jail

DUBLIN, CA: A San Ramon man who pleaded guilty in September to two charges of felony hit-and-run and a misdemeanor count of vehicular manslaughter in the death of a Dublin bicyclist in 2012 is in jail after his probation was recently revoked, court officials confirmed.

According to court records, Spencer Freeman Smith, who was booked into the Santa Rita Jail in Dublin on Jan 27., is being held without bail after he allegedly left the country and was found to be under the influence of a controlled substance in violation of his electronic monitoring and terms of probation.

In October of 2015, Smith, who practiced law in San Francisco, was sentenced to one month in jail, 11 months of electronic monitoring and five years probation for the death of 57-year-old Bo Hu, a Chinese National who was visiting the Bay Area at the time of the fatal crash.

Court officials say Smith has retained new counsel and is no longer represented by his original attorney William Gagen. According to court records, Smith is due back in court on Feb. 11 for sentencing on his probation violations.

The Hu family was not available for comment.

Judge Michael Gaffey said during sentencing in 2015 that Smith knew he should have stopped following the 2012 crash, according to the San Jose Mercury News. Blood and hair from the victim were recovered from Smith’s car, according to court records. Smith’s attorney William Gagen told Patch in a 2013 interview Smith admitted he knew he had hit “something” but did not call Dublin Police to report the collision.

In June 2012, Smith pleaded not guilty to both charges. Smith eventually pleaded guilty in November 2014, but later withdrew his plea in March 2015.

Smith was arrested by Dublin Police investigators three days after the fatal crash when officers searched his San Ramon home and found a black Mercedes-Benz CLS550 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 the intersection of Dougherty and Fall Creek roads, where Hu was struck on May 15, 2012.

Since the arrest in 2012, Smith had been free on $60,000 bond, according to court records. Smith and his family eventually moved from San Ramon to Orange County.

Smith was admitted to the State Bar of California in 2005 and practiced 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 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: Spencer Freeman Smith; Photo #2: Bo Hu was killed while riding his bike in Dublin in 2012. Photo provided by Lie Hu.