Topeka man acquitted of attempted murder won't go to prison on conviction for tampering

A Topeka man won't go to prison after being acquitted Aug. 28 of attempted murder but convicted of unlawful tampering with electronic monitoring equipment.

The presumed Kansas Sentencing Guidelines penalty on the latter count is 12 months for Ex'Zabre Terrell Boldridge Smith, who's spent more than that in jail, District Court Judge Maban Wright said.

Smith, who was credited for time served, consequently has completed his time in custody and will enter the state's parole system, she said Wednesday at Smith's sentencing hearing.

"You've got another chance here, so please make the most of it," Wright told Smith.

A Topeka man won't go to prison after a Shawnee County Courthouse trial in which he was acquitted of attempted murder but convicted of unlawful tampering with electronic monitoring equipment.
A Topeka man won't go to prison after a Shawnee County Courthouse trial in which he was acquitted of attempted murder but convicted of unlawful tampering with electronic monitoring equipment.

Why was Ex'Zabre Smith arrested?

Smith, 35, was arrested in May 2021 on an outstanding Shawnee County warrant charging him with crimes linked to the January 2021 Topeka shooting of a teenager, who was partially paralyzed.

Smith was charged with one count each of aggravated battery, aggravated robbery, attempted first-degree murder and the criminal use of a firearm by a convicted felon.

The aggravated robbery charge was dismissed in June 2021 when Smith was bound over for trial on the other three counts, court records said.

They said Smith was subsequently also charged with one count of unlawful tampering with electronic monitoring equipment.

A Shawnee County District Court jury last August convicted Smith of the tampering charge, acquitted him of attempted first-degree murder and failed to reach a verdict on the counts of aggravated battery and the criminal use of a firearm by a convicted felon, court records show.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Topekan released on time served after equipment tampering conviction