San Ramon Attorney Charged in Deadly Dublin Hit-And-Run Crash Pleads Guilty (Again)

By AUTUMN JOHNSON

A San Ramon attorney has once again pleaded guilty to two charges in connection with the death of a Chinese national, who was fatally struck while bicycling in Dublin in May of 2012, according to officials with the Alameda County District Attorney’s office.

Spencer Freeman Smith, who was charged with felony hit-and-run and a misdemeanor count of vehicular manslaughter in the death of 57-year-old Bo Hu, was in court on September 11 to enter the plea.

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

In the wake of Smith’s most recent change of plea, Hu’s brother, Lie Hu, who lives in China, told Patch,

“After more than three years my brother died, I still have huge, huge pains in my heart that come from mind snaps of his healthy and energetic images; his smiles and caring talks to me; his brutal and then helpless death on a road; and his silent leaving in a funeral house by watching from his heart-broken brother. The pains are unrecoverable for my life.

“Now the case probably is ending in the court and I expect a justice for my brother without taking accounts on his race, birth place and citizenship. I believe in the courts because I have seen a great deal of efforts made by local law enforcement officers on this case to realize justice on this land.”

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

In 2014, 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 the 2013 interview, Gagen told Patch Smith did not call Dublin Police to report the collision.

Gagen has not been reached for comment on the guilty plea. Smith will return to court on September 25 for sentencing, according to court officials.

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 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