Attorney leaves former EPD officer accused of theft's case

The defense attorney for Aaron T. Smith, a former El Dorado Police Department officer arrested and charged in April with tampering with physical evidence, abuse of office and theft of property -- all felony offenses -- has exited the case.

According to court records, defense attorney Gary McDonald first filed a motion to withdraw as Smith's counsel on Aug. 4.

In that motion, McDonald listed causes for his motion to withdraw, including the defendant demonstrating "unwillingness to follow the advice" offered to him.

The motion goes on to allege Smith's "non-compliance" with a defense strategy "despite efforts of the [defense attorney] to impress upon Defendant the negative consequences of his non-compliance."

McDonald wrote that he was "not comfortable providing further representation" to Smith and added that he "will take steps" including offering due notice and turning over all paperwork, should his motion be granted.

The motion was approved by Circuit Court Judge Robin Carroll on Sept. 21 and McDonald was allowed to withdraw from his role as Smith's defense attorney after, as the order granting the motion states, "due consideration" by the court.

No entries regarding a new defense attorney representing Smith were available in court records Friday.

According to previous News-Times reporting, Smith had been employed by the EPD for five months and was working as a patrolman when he was arrested earlier this year.

Smith was originally accused of engaging in criminal activity in a report internal to the EPD, Chief Kenny Hickman said. From there, information documented by the EPD was forwarded to 13th Judicial District Prosecuting Attorney's Office, who then referred the case to the Arkansas State Police.

A few hours after his arrest, Smith made his first appearance in 35th Judicial District Court, where his bond was set at $40,000, cash or corporate surety. According to the Union County Jail roster, Smith was not being held as of Friday afternoon.At his bond hearing, Smith was ordered to abide by a daily curfew of 6 p.m. until 7 a.m. and wear a GPS monitoring device if he was released from jail.

In late July, John McQuary, a deputy prosecuting attorney with the state Prosecution Coordinator Commission, officially accepted his appointment as special prosecutor in the case.

13th Judicial District Prosecuting Attorney Jeffrey Rogers submitted a motion for the appointment of a special prosecutor in the case originally on June 8 stating in part that "the Prosecuting Attorney, as well as the staff thereof in the 13th Judicial District, declares that the appearance of an unavoidable, irreparable conflict in this case has arisen."

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