San Ramon Attorney Sentenced in Hit-And-Run Death of Dublin Bicyclist

An attorney who struck and killed a Chinese bicyclist in a 2012 Dublin hit-and-run was sentenced Friday to one year in jail and five years probation, the district attorney announced.

Spencer Freeman Smith pleaded guilty last month to two charges felony hit-and-run and a misdemeanor count of vehicular manslaughter in the death of 57-year-old Bo Hu. As part of his sentence, Smith must surrender to custody by Oct. 2 and serve one month in jail before likely spending the remaining 11 months of the sentence under electronic monitoring.

Judge Michael Gaffey said during sentencing that Smith knew he should have stopped following the 2012 crash, according the 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.

Related:

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

Before sentencing Smith read a statement expressing remorse, according to a representative of the Hu family. The dismayed Hu family had hoped for the maximum sentence allowed for Smith.

“The impression is that it is incomprehensible to the family that the case took so long and that Spencer Smith will spend only a few weeks in a jail and be eligible to wander the streets pretty much as he pleases,” Hu family spokesperson Dr. Arnold Owens told Patch.

According to court records, Smith, who has since moved from San Ramon to Orange County, is eligible for electronic home detention for 11 months after one month in jail.

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.

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.

Smith is due back in court on Oct. 12.

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