BECKLEY, W.V. (LOOTPRESS) – Hamlet Smith, 51, founder of Life Strategies Counseling- the region’s largest mental health counseling service, must serve 10 days in incarceration and six months on home confinement following his sentencing on Wednesday, July 7, 2021.
Smith was arrested and indicted on a first-degree sexual abuse charge in October of 2019 on the allegation that he had forced his hand down the shirt of a local reporter who was in his Mallard Court office covering a story on trauma on October 22, 2019. Smith was suffering from Post-Traumatic Stress Disorder (PTSD) following a bank robbery and was to be included in the article.
Smith was indicted on the charge and underwent several preliminary hearings over the next year-and-a-half.
In June of 2021, Smith entered into a plea, pleading guilty to a misdemeanor battery charge. He faced up to one year in jail and a fine of up to $500.
During Wednesday’s sentencing, Raleigh County Prosecuting Attorney Benjamin Hatfield addressed Judge Darl W. Poling and asked that Smith receive the maximum sentence and maximum fine allowed on the basis that the victim in the case “will always be plagued by the memory of Hamlet Smith.”
The victim, who was in attendance on Wednesday, wearing the same blouse she wore the day she entered Smith’s office, took to the podium following Hatfield.
The courtroom was silent as the woman detailed the events of October 22, 2019.
“I was there covering a story on trauma after a bank robbery. I never thought he would be the person who would turn around and traumatize me,” she began.
Having just started her job with the news station four months prior, the woman said that she had never met Smith before entering into his office for the interview.
As a reporter, she said she was used to going into men’s offices alone, trusting that she would be safe. When Smith put his feet up on his coffee table, showing the gun strapped around his ankle, she said she immediately felt like she was no longer secure.
When she went to leave after the interview Smith kissed her on the forehead and then proceeded to unwillingly grab her breast.
After grabbing her belongings and leaving, the woman said she sat in the parking lot at Woodrow Wilson High School in pure terror.
She stated that after she left his office, Smith called her five separate times and even tried to Facetime her. Two of those calls were made while she was at the police station filing her complaint.
“I will never forget the fear I faced when I left his office that day,” she said. “Hamlet Smith made me feel small.”
For months after, she suffered from anxiety, depression, and PTSD. She described how she was scared to go out alone in fear that she would see Smith, scared to close her eyes at night knowing he would be there in the dark, scared to allow people to touch her because it reminded her of how he had touched her.
She continued, stating that what occurred in Smith’s office on October 22, 2019, hindered her job as well as her life.
“Nearly two years later, I am still picking up the pieces.”
After Smith took her voice nearly two years ago, she said now was her time to take it back.
Mark Plants, who represented Smith on Wednesday, stated that Smith has shown remorse and apologized for his action on multiple occasions. He said the multiple calls Smith made to the victim on the day of the incident were to apologize for his actions.
Plants asked the court for probation, which he said is consistent with simple battery.
“This is a misdemeanor battery; There’s no evidence of sexual abuse,” Plants stated, adding that Smith and his family have suffered greatly since the indictment.
“He has taken responsibility for his actions. He is humiliated; He’s humble; He’s ashamed. We are asking that this court finds the balance between justice and mercy.”
“I am sorry for all of my actions that have caused pain,” Smith said minutes before Judge Poling handed down his sentence. “My actions put into motion a chain of events that have led us all here. I never intended to harm anyone. I deeply regret not only the past but the ongoing nature of the pain I have caused. I humbly ask you to use whatever power you have to show mercy.”
After reviewing the case, including the events leading up to the incident, the presentence investigation and Smith’s plea, Poling said he had some concerns.
He said that it was the court’s opinion that Smith showed hesitancy when entering into his plea in June and that just because he pleaded guilty to a misdemeanor battery does not mean that he did not commit the actions for with he was originally charged.
However, Poling agreed that Smith did show signs of remorse and seemed apologetic during the sentencing.
“The defense asks to treat this as a simple battery, but I don’t think this meets the terms and conditions of a simple battery,” Poling explained. “The allegations do not, in the court’s mind and in my review, amount to simple battery.”
For those reasons, Poling sentenced Smith to a period of 10 days in jail, a $500 fine and six months of home confinement. Smith’s jail time can be served on weekends and concurrent with his home confinement.
Smith will be credited for all time already served, and he will be allowed to go to work while on home confinement.
Smith chose to go immediately into home confinement following Wednesday’s sentencing.
