The Daily Item, Sunbury, PA

News

July 9, 2009

Twenty years in prison for jewelry thief

DANVILLE -- A Philadelphia man voiced his innocence Wednesday to a Montour County judge, but found no luck when he was sentenced to a state correctional facility for 10 to 20 years for his role in a jewelry store robbery last year.

"This is unbelievable," Eric J. Smith, 38, told Montour County President Judge Scott W. Naus before being sentenced. "I'm innocent."

Smith was convicted of robbery, criminal conspiracy and theft charges by a jury in June for the July 14, 2008 robbery at Ryan's Jewelers on Mill Street in Danville.

Two employees and a customer in the store testified they feared for their lives after being blinded by pepper spray, hit with a stun gun and tied up by Smith.

"I had no knowledge (of the crime)," Smith told Naus, "I didn't know this was going to happen. I'm asking you to overturn the wrongful verdict."

Smith told the judge he believed the testimony and evidence were tampered with and that the jurors had a fixed opinon before trial.

"I should not have been found guilty," he said. "Nothing puts me doing the crime."

District Attorney Robert Buehner Jr said Smith has an extensive criminal history, reaching back 18 years ago.

"He's a thief, a drug dealer, a car stealer and now a jewelry store robber," Buehner told Naus.

He asked the judge to sentence Smith above the aggravated range, for reasons including: multiple victims involved; the criminal sophistication of the crime, noting Smith acted at closing time when the safe and vault were both open; the amount of jewelry taken, adding up to $163,000; and the danger he caused to everyone involved, because officers were on scene with guns drawn.

"He should receive a just penalty for what he did to the community, the victims and the business," Buehner said.

Naus said it appeared Smith came from the big city to the small country town and attempted to pull off the heist with practice and planning. He mentioned the wigs and tools found on site that were used in the incident. The multiple victims, terror inflicted, tieing up of those involved and the danger they were placed in was his reasoning for sentencing Smith to an above-aggravated range term.

For the robbery charge -- which Naus included in the theft -- Smith was sentenced to a $500 fine, $1,123.56 in restitution and 5 to 10 years in a state correctional facility. He will receive credit for 358 days already served.

He received 5 to 10 consecutive years for the criminal conspiracy charge.

Smith's girlfriend, Melanie McDuffie, 44, of Sicklerville, was charged March 28 with two counts of robbery, criminal conspiracy to commit robbery and theft. Her preliminary hearing is scheduled for July 14 in front of District Judge Marvin Shrawder.

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