Judge asks for proof of homicide defendant’s employment as a preacher before setting bond

Zaiara D. Smith. Photo Courtesy the Jail Report

Date: February 15, 2022

A judge delayed ruling on a request for bond for a homicide suspect until Friday to give his attorney time to obtain income tax records to prove his employment as a preacher.

Zaiara D. Smith, 29, is charged with murder in the Aug. 15, 2020 slaying of 21-year-old Tobias Fleming. Smith has pleaded not guilty.

At the Monday, Feb. 14, Richmond County Superior Court hearing, Smith’s defense attorney asked the judge to reconsider bond. Smith has been in custody awaiting trial since his arrest the day after Fleming was killed. A request for bond in December 2020 was denied.

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Smith was at a family gathering at a Shalimar Drive apartment complex Aug. 15, 2020. Witnesses described him as angry and aggressive and speaking of witchcraft and demons, Assistant District Attorney Klaxon Wilson said Monday.

Smith went outside, and witnesses heard several gunshots and then saw Smith flee the scene in a vehicle, Wilson said. Fleming was shot twice in the head. A gun was found on Fleming, but it had not been fired, Wilson said.

Defense attorney Lydia Schlitt asked the judge to consider bond for Smith, who has no criminal history. He is a preacher, Schlitt said. Because a gun was found on Fleming there is a possible self-defense to present at trial, she said.

Judge John Flythe told Schlitt that he wants to see proof that Smith earns a living preaching. He gave her until Friday to provide Smith’s income tax records for three years. Flythe said he would then rule on the bond motion.

Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com. 

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The Author

Award-winning journalist Sandy Hodson The Augusta Press courts reporter. She is a native of Indiana, but she has been an Augusta resident since 1995 when she joined the staff of the Augusta Chronicle where she covered courts and public affairs. Hodson is a graduate of Ball State University, and she holds a certificate in investigative reporting from the Investigative Reporters and Editors organization. Before joining the Chronicle, Hodson spent six years at the Jackson, Tenn. Sun. Hodson received the prestigious Georgia Press Association Freedom of Information Award in 2015, and she has won press association awards for investigative reporting, non-deadline reporting, hard news reporting, public service and specialty reporting. In 2000, Hodson won the Georgia Bar Association’s Silver Gavel Award, and in 2001, she received Honorable Mention for the same award and is a fellow of the National Press Foundation and a graduate of the National Institute for Computer-Assisted Reporting boot camp.

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