31-year-old conspired to commit robberies

By Kim Paskorz,Eagle Staff Writer

A Middlesex Township woman, citing an abusive past and a drug addiction, begged a judge to be lenient in sentencing her on two counts of conspiracy to commit robbery and one count of conspiracy to commit burglary.

But the sentencing decision of Butler County Judge William Shaffer — 57 to 114 months in state prison — practically reflected the plea agreement that Melissa Smith, 31, initially accepted from the county district attorney, then later rejected.

The plea agreement that Smith rejected called for a 5 to 10-year sentence.

Smith, who has been jailed since February 2012 when police connected her to two store holdups in 2010 in Butler County, has credit for 580 days she already spent in prison.

During the crimes, police allege Smith, her brother Jacob Smith, and her ex-fiancee Shaun Adams robbed the Dollar General in Fairview Township and the 7-Eleven in Penn Township on consecutive days.

The robbers wore masks, and Jacob Smith reportedly displayed a gun that the suspects later claimed was an air pistol.

Police also charged the Smiths and Adams, in whole or part, with 10 break-ins in Butler and Armstrong counties between August 2009 and May 2011, according to charging documents.

Among the burglaries were pizza shops, convenience stores, restaurants and a bank.

“This Melissa Smith right now today would never have done anything like that,” Smith told the judge during a hearing Sept. 5. The hearing began that day, but was continued while officials researched issues with Smith's prior criminal record. The hearing resumed and concluded Thursday.

Smith's grandmother, Joyce Birkhimer of Gibsonia, told the judge Smith had been raised in an atmosphere of violence and drugs.

Smith's parents had problems, Birkhimer said, that were made worse when a 15-year-old Smith got pregnant to a 30-year-old man. Smith lost the baby, but since then Birkhimer said her granddaughter has struggled with heroin addictions and abusive relationships.

Smith, who described her relationship with Adams as “toxic,” claimed she had left him months before her arrest and had begun rehabilitation and mental health counseling programs. Those efforts were under way, she said, when she was arrested.

During her statements, Smith also apologized to the victims of her crimes, who were not in the courtroom.

Assistant District Attorney Chris Studeny, who prosecuted the case, apparently wasn't impressed with the apology.

“It's all about her. Her poor childhood. Her poor life,” said Studeny, who noted many people have traumatic childhoods and do not grow up to commit crimes.

Studeny told the judge she believed Smith had shown no remorse for the victims “and there were plenty of them.”

Prosecutors reportedly have security videos of some of the crimes.

“She wore a disguise. She barked orders. In one case, she was arguably the aggressor, even if she didn't hold the gun,” Studeny said.

In addition to the prison time, the judge ordered Smith to serve 8 years probation and pay more than $8,000 in restitution to the victims.

At the time of Smith's sentencing, Adams was in the courtroom, but did not speak.

He already entered a plea arrangement that would put him in prison for 5 to 10 years. However, he is asking the judge to withdraw that plea and assign him a new attorney.

He's jailed while awaiting resolution of his case, but was in the courtroom because his hearing was scheduled after Smith's sentencing.

Jacob Smith, who pleaded guilty to four counts of robbery, eight counts of burglary and one count of criminal trespassing, is serving a 12 to 24 year prison sentence.