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Court declines full GPS-only plan for Leroy Smith; partial GPS to remain with protective conditions
Summary
Defense sought conversion of a partial GPS condition to GPS-only monitoring for Leroy Eugene Smith, who is on GPS and on dialysis. The court denied the change and instructed counsel to submit an order identifying locations the defendant is barred from so the court may sign it.
Judge Stephanie Boyd rejected a request to convert the partial GPS monitoring order of Leroy Eugene Smith to a GPS-only regime without geographic exclusion zones, directing counsel to submit a proposed order identifying locations where Smith is not allowed to be.
Defense counsel described Smith as having no violations, no criminal history and ongoing dialysis needs and asked the court to limit supervision to tracking only. Probation objected to eliminating exclusion zones because the presented charge involves an alleged victim who is a child; probation said it preferred to maintain partial GPS with specified prohibited areas around the child’s residence or daycare.
Judge Boyd questioned where the child would be located (school, home or daycare) and said that if parties can identify specific locations or streets to keep the defendant away from, the court would sign an order implementing those restrictions while leaving tracking in place. The court asked defense to draft the order and submit it for signature.
The record shows the court intends to preserve protective conditions that prevent proximity to the purported victim while allowing GPS monitoring to verify compliance, but it declined to adopt a blanket “tracking only” modification without defined geographic prohibitions.
Probation will prepare the proposed exclusion-zone language; the court will sign the proposed order if parties agree to the terms and identify the child’s likely locations for enforcement.
