By Liz Shepherd
InkFreeNews

Daniel Kay Smith

WARSAW — A Syracuse man received a four-year sentence in two criminal cases for theft and methamphetamine possession.

In the first case, Daniel Kay Smith, 52, 14995 US Highway 6, Syracuse, was charged with two counts of theft with a prior conviction, both level 6 felonies. He was also charged with possession of methamphetamine, a level 6 felony; and theft, a class A misdemeanor, in a second case. Six additional criminal charges were dismissed as part of a plea agreement.

Smith was sentenced in Kosciusko Superior Court One on Monday, Nov. 8, with Kosciusko Superior Court Four Judge Christopher Kehler presiding over proceedings.

On Nov. 28, 2020, a Warsaw Police officer responded to a report of theft from a vehicle. A man told the officer his vehicle was entered and items were stolen.

That same day, a Warsaw Police officer responded to a burglary report. A person reported a man, later identified as Smith, was in their home without permission. The person said Smith had also stolen their wallet.

While viewing security camera footage, officers found Smith and discovered he had the stolen wallet on his person.

Smith was previously convicted of theft in April 2018 and conversion in January 2013.

On April 2, a Warsaw Police officer was beside the former Arnolt building when he heard someone inside. Officers found Smith inside the building and found a backpack containing a clear smoking device and multiple tools. Smith’s vehicle was also searched. Officers found a small black tin containing methamphetamine. A pressure gauge and burnt copper wire were also found in the vehicle’s trunk. Smith denied stealing any copper wire from the Arnolt building, but admitted to finding the pressure gauge laying on the ground outside the building.

During court proceedings, Deputy Prosecuting Attorney Joseph Sobek noted Smith’s extensive criminal history and asked Judge Kehler to sentence Smith accordingly.

Defense Attorney John Barrett, who represented Smith in the burglary case, said Smith struggles with substance abuse. He said Smith has changed in a positive manner and that the plea agreement was more than fair given Smith’s criminal history.

For each count of theft with a prior conviction, Judge Kehler sentenced Smith to 1 1/2 years in the Kosciusko County Jail. Both counts will be served consecutively. Smith was also sentenced to one year in KCJ for possession of methamphetamine and one year in KCJ for theft; both counts in that case will be served concurrently, or at the same time.

The methamphetamine possession case will be served consecutively to the Level 6 felony theft case. Judge Kehler suspended the sentence for the methamphetamine possession case.

In total, Smith received a four-year sentence, with three years executed and one year on probation. He has 79 days of jail time credit.

Judge Kehler said he had no objection to Smith serving the executed time through the county’s work release program. He requested Smith report to the jail by Nov. 12 if he is not approved for the program.