By Bay City News Service
A Santa Rosa man who was convicted for the hit-and-run of a bicyclist on a golf course last August will live in an assisted living facility for people with dementia pending his sentencing next month.
Harry Smith, 82, has been accepted in the Clare Bridge program at the Lodge at Paulin Creek in Santa Rosa, his attorney Charles Dresow told Sonoma County Superior Court Judge Ken Gnoss this morning.
The judge approved Dresow's request for Smith to move to the facility in advance of his July 7 sentencing for hit-and-run, assault with a vehicle and driving without a license. Smith pleaded no contest to the charges and could be sentenced to six years and eight months in prison.
Gnoss said he is keeping all sentencing options open.
Dresow and Smith's family say the Korean War veteran suffers from fronto-temporal dementia that prevents him from inhibiting his behavior and impulses. They asked the judge to approve placing Smith in an assisted living facility that is capable of being locked down instead of sending him to prison.
Dresow told the judge that Smith will wear an electronic device that monitors his movements at the Lodge at Paulin Creek.
Deputy District Attorney Barbara Nanney and the county probation department did not object to Dresow's request this morning.
The victim of Smith's assault, Toraj Soltani, 47, has said he does not want to see Smith sent to prison.
At Smith's preliminary hearing, Soltani said that on Aug. 15, 2012, Smith became angry with him because he was riding his bicycle on Pythian Road without his hands on the handlebars so he could rest his back.
Soltani, a Santa Rosa deli owner, said he and Smith exchanged words and when they were at an intersection, Smith struck Soltani's thigh with his car. Soltani said he then punched and broke the passenger side mirror of Smith's Toyota sedan, which was about 12 inches away.
Smith threatened to kill Soltani, chased him onto the cart path of the Oakmont Golf Club and struck him from behind with the car, Soltani said. Soltani suffered a fractured wrist and lacerated tendon and was hospitalized.
