CHARLESTON, W.Va. --A man charged with shooting a Glasgow police officer is to be sentenced on a related charge in federal court Monday, even though a Kanawha County judge has found him incompetent to stand trial.
Nickey Don Smith II, 37, has been held in the South Central Regional Jail since he was arrested and charged with malicious wounding in the shooting of Steven Smith in December 2011. The two are not related.
Nickey Smith allegedly shot the Glasgow officer in the arm and chest with a sawed-off shotgun when the officer went to Nickey Smith's Glass Fire Lane home to help investigate a burglary report.
The blast shattered Steven Smith's right arm and peppered a lung and his liver with shotgun pellets. The officer has had three complex surgeries to rebuild his arm.
After reviewing two psychological evaluations, Kanawha Circuit Judge Carrie Webster found that Nickey Smith was not competent to stand trial on the malicious-wounding charge. Webster said Smith should be sent to a hospital until he is able to participate in his defense.
However, Smith has remained in jail awaiting sentencing because he pleaded guilty to a federal charge of being a felon in possession of a firearm in connection to the alleged shooting. Smith was convicted in February 2002 of unlawful wounding, a felony -- meaning he was barred from possessing a firearm.
According to federal court documents, psychologists found that Smith was suffering from delusional and personality disorders when the alleged shooting occurred. The evaluations are sealed, but some documents reveal parts of what psychologists found.
A pre-sentencing report in federal court included a psychological evaluation by Dr. Fred Krieg, concluding that Nickey Smith "is not competent to stand trial and to assist in his defense," and that the defendant at the time of the offense "was clearly suffering from a Delusional Disorder, Persecutory Type that impaired his judgment," court documents state.