STEVENS POINT, WI (WSAU) — A Stevens Point man involved in a deadly home invasion has announced he wants to withdraw his pleas.
Benjamin Smith was in a Portage County courtroom last week where his attorney announced that he learned of Smith’s intention on May 24th, just one day before a scheduled sentencing hearing. Court records show that Judge Patrica Baker and others were caught off guard by the sudden switch, and no action in the case was taken on May 25th.
Instead, Baker scheduled a motion hearing on the change for June 16th.
The 35-year-old Smith faces a battery of charges including one count of felony murder and numerous counts of false imprisonment and three counts of aggravated battery. All counts carry three modifiers; being a party to a crime, use of a dangerous weapon, and repeater.
As part of the deal, Smith had pled no contest to the count of felony murder and guilty to the remaining eight counts.
Charges stem from a February 8th incident in which Smith and 28-year-old Zachary Deyo broke into a Plover home looking to steal money. Both were shot in the incident, Deyo died from his injuries, and Smith was hospitalized.
In addition to filing for removal of the previous pleas, the case must be turned over to a new prosecutor. Former District Attorney Louis Molepske was handling the case but has since been elected as a judge in Portage County.
