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.