"The Right Place for Mr. Smith" - Senior With Dementia Sent to Facility, Not Jail

A man who pleaded no contest to assault with a deadly weapon and other charges after hitting a bicyclist with his car at a Santa Rosa golf course in August was sentenced to five years' probation this morning and will live in a secure assisted-living facility for people with dementia.

Sonoma County Superior Court Judge Kenneth Gnoss ordered 82-year-old Harry Smith, of Santa Rosa, to wear an ankle bracelet that will monitor his movement during the five years he will live in the Clare Bridge Place wing of the Lodge at Paulin Creek in Santa Rosa.

Gnoss said the case is unusual, and he agreed that Smith's frontotemporal dementia directly contributed to his conduct on Aug. 15.

The bicyclist, Toraj Soltani, testified at a preliminary hearing in the case that he was riding his bicycle on Pythian Road in Oakmont when Smith hit him.

Soltani, a Santa Rosa deli owner who was 47 at the time of the incident, said Smith had gotten upset because Soltani was resting his back and riding his bike without his hands on the handlebars.

The two exchanged words at an intersection before Smith struck Soltani's thigh with his Toyota sedan, Soltani testified. In response, Soltani punched and broke the passenger-side mirror on Smith's car, he said.

Smith then threatened to kill him, chased him onto a cart path of the Oakmont Golf Club and "plowed" into him from behind, Soltani said. He suffered a fractured wrist and lacerated tendon and was hospitalized.

Gnoss today told Smith his conduct was "very egregious," and that he would face a state prison term if he violated his probation by trying to leave the facility or by driving.

"I do understand that and thank you very, very much," Smith said.

 Smith pleaded no contest to felony hit-and-run and assault with a deadly weapon charges, plus a misdemeanor charge of driving without a license. He had faced up to six years and eight months in prison.

Smith's attorney Charles Dresow and Smith's family said the Korean War veteran's dementia prevents him from inhibiting his behavior and impulses, and they asked Gnoss to approve placing Smith in an assisted living facility instead of sending him to prison. Smith will now be mostly confined to the facility, with exceptions for doctor appointments and certain other events.

Deputy District Attorney Barbara Nanney and the county probation department did not object to placing Smith at the facility, but Nanney asked the judge to require Smith to wear the ankle bracelet.

Soltani has said he does not want to see Smith sent to prison.

"The court's order is what Tiraj expected and wished for," Soltani's civil attorney Brendan Kunkle said after the sentencing.  Smith has paid 75 percent of the restitution he was ordered to pay to Soltani as part of a civil settlement, and will pay the rest by November, Kunkle said. The amount of the settlement was not disclosed. 

Dresow said, "This is a fair and just result, and it's the right place for Mr. Smith."  He said Smith will never drive again.  "I credit the district attorney, the probation department and the court for carefully examining the medical records," Dresow said. 

Smith and his family did not want to comment on the sentencing, Dresow said.