THE PEOPLE OF RIDGEWAY COUNTY
Prosecution
v.
TOMDONOVANSMITH
Defendant
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PLEA BARGAIN
PLEA BARGAIN
This document constitutes the plea agreement between TomDonovanSmith
(“defendant”) and the District Attorney’s Office of the State of Ridgeway.
DEFENDANT’S OBLIGATIONS
The defendant shall agree to:
a. Not contest the factual basis agreed to in this agreement.
b. Give up the right to a trial in relation to their case and, at their earliest convenience,
appear before a court to plead guilty to:
i. 2 R.C.C. § 07 - OBSTRUCTION OF JUSTICE
ii. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
iii. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
iv. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
v. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
vi. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
vii. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
viii. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
ix. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
x. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
xi. 3 R.C.C. § 07 - INVOLUNTARY MANSLAUGHTER
c. Not attempt to expunge his records for a period of two months.
d. Not run for public office for a period of two months.
e. Abide by all agreements regarding sentencing contained in this agreement.
PROSECUTION’S OBLIGATIONS
The prosecution shall agree to:
a. Not contest the factual basis agreed to in this agreement.
b. Abide by all agreements regarding sentencing contained in this agreement.
c. Not pursue any charges related to the case that may or may not surface after the
agreement is signed by both parties.
d. Notify the court, if applicable, of the nature and extent of the defendant’s cooperation
in this matter.
DEFENDANT’S UNDERSTANDINGS REGARDING COOPERATION
The defendant understands the following:
a. Once signed, their plea of “guilty” may not be withdrawn at any point. Any attempt to
do so will be viewed as a breach of contract.
b. The determination regarding cooperation of the defendant does not rely on whether
the prosecution is successful in trying this case or not.
c. The prosecution will make no agreement or representation as to whether any
cooperation the defendant provides is substantial or not
NATURE OF THE OFFENSES
The defendant conspired with YomotsuMikoto to hold a “Free For All” event on July
4th, 2021, which resulted in the involuntary manslaughters of sayad4, ab_bae, and iCitruzx
on several occasions. Follow the event, the defendant refused to comply with an investigation
being conducted by the District Attorney’s Office, hindered the investigation, and withheld
evidence from the District Attorney’s Office.
PENALTIES
I. Defendant understands that the statutory maximum sentence that the Court can
impose for a violation of:
a. TEN COUNTS OF INVOLUNTARY MANSLAUGHTER is 100 MINUTES.
b. ONE COUNT OF OBSTRUCTION OF JUSTICE is 20 MINUTES.
II. Should the defendant breach this plea agreement, then the plea bargain becomes null
and void and the defendant shall be tried before the court on the original charges.
III. Defendant understands that, by pleading guilty, a guilty verdict will be added to their
criminal record, which may not be expunged for two months.
FACTUAL BASIS
I. The defendant admits that they are, in fact, guilty of the offense or offenses to which
they agree to plead guilty.
II. The defendant and the prosecution agree that the statement of facts attached to this
plea bargain is sufficient to support a plea of guilty to the charge or charges described
in this agreement.
SENTENCING FACTORS
I. The defendant understands that the court is still required to calculate an applicable
sentence according to the Ridgeway County Database, as well as imposing a higher
sentence than originally listed, this is at their own discretion.
II. Defendant understands that the sentencing guidelines are advisory only and that they
cannot have any expectation of receiving a sentence within the imposed guidelines.
WAIVER OF CONSTITUTIONAL RIGHTS
Defendant understands that by pleading guilty, defendant gives up the following
rights:
a. The right to persist in a plea of “not guilty”.
b. The right to a speedy and public trial by jury.
c. The right to be represented by counsel at trial (they may however be
represented by counsel at any other stage of the proceeding).
d. The right to be presumed innocent and to have the burden of proof placed on
the government to prove the defendant guilty beyond a reasonable doubt.
WAIVER OF APPEAL OF CONVICTION
Defendant understands that, with the exception of an appeal based on a claim that
defendant’s guilty plea was involuntary, by pleading guilty defendant is waiving and giving
up any right to appeal defendant’s conviction on the offense to which defendant is pleading
guilty.
Defendant understands that this waiver includes, but is not limited to, arguments that
the statute to which defendant is pleading guilty is unconstitutional, and any and all claims
that the statement of facts provided herein is insufficient to support defendant’s plea of guilty.
EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon signature by the defendant (or their counsel) and an
Assistant District Attorney and shall take effect on the
For the District Attorney:
/s/ siteowner
siteowner
District Attorney
Ridgeway County
Executed:
07/18/2021
For the individual
/s/TomDonovanSmith
TomDonovanSmith
Defendant
Executed:
07/18/2021
