Smith was on home confinement at the time of the incident. Investigating officers discovered from the county's contracted monitoring company that Smith was out of range for about an hour, the complaint states.
Smith's mother also confirmed that she had driven to the bridge to pick up her son and Shaw, the complaint states. Smith was charged with malicious assault and domestic battery.
During Smith's trial Tuesday, Nibert apparently barred people from disclosing to the jury any elements of Smith's criminal history.
According to David Hedges, publisher of the Roane County Reporter, Shaw said on the witness stand that her boyfriend was on home confinement, which signaled to the jury that he had been in trouble with the law before the April incident.
Nibert declared a mistrial and issued an order Wednesday banning the lawyers, witnesses, "and any media which might be possessed of such knowledge, from disclosing the specific evidence erroneously disclosed to the jury on October 16, 2012."
Nibert, after speaking with Supreme Court officials, released an amended order Friday morning that removed any language referencing the media.
"It can be very frustrating when you got something going and you have to start over," Canterbury said. "We brought it to his attention. After some conversation with counsel, he almost instantly understood he over reached."
Nibert's amended order is now similar to two other gag orders Kanawha County Circuit Judge Duke Bloom issued in criminal cases in past months.
In July, after a news station aired a jailhouse interview the weekend before trial, Bloom issued an order banning accused Kanawha County sniper Shawn Thomas Lester, lawyers, prosecutors and hundreds of witnesses associated with the case from speaking to the media.
A month later, Bloom issued a similar gag that banned media contact in the case of Charles Eugene March, who is accused of strangling a co-worker to death and burying her body in his backyard.
Bloom did not cite any legal authority for the gag in the Lester case, which drew criticism from some national experts that the order might have been overly broad. Bloom rescinded the order after Lester pleaded guilty to murder charges.
March's defense lawyer requested the gag order in his case to prevent investigators from releasing potentially prejudicial information about his client to the media.
Reach Zac Taylor at zachary.tay...@wvgazette.com or 304-348-5189.