Smith pulls out of race

A conviction would

disqualify the incumbent from being sheriff.

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

LISBON — With a first-degree misdemeanor charge hanging over his head, Columbiana County Sheriff David Smith has opted not to seek re-election.

Smith, first elected sheriff in November 2000, submitted a letter at 3:45 p.m. Monday to the county board of elections stating he was withdrawing his candidacy “with deep regret,” and that “there will be no further comments on this matter.”

If Smith, an East Liverpool Republican, is convicted of operating a vehicle while under the influence he can no longer serve as sheriff.

Also, if he won his political party’s March 4 primary and then was subsequently convicted of the misdemeanor, he would be disqualified from the race.

Concerned about those possibilities, county Republicans sought out and deemed qualified three other candidates for the seat. They also urged Smith to consider not seeking re-election — a decision the sheriff officially made Monday.

The three Republican sheriff candidates are: Daniel “Skip” MacLean of Yellow Creek Township, Jerry Herbert of New Waterford and Raymond Stone.

The first two are former deputy sheriffs, and Stone is the police chief of Perry Township.

Leetonia Police Chief John Soldano is the Democratic nominee for sheriff.

Smith was charged with OVI in Guernsey County on Oct. 11, 2007, while returning to Columbiana County from a conference in Columbus in his unmarked cruiser. A urine test showed Smith had an alcohol content about twice the legal limit to be considered intoxicated, according to the Ohio State Highway Patrol.

While stopped by a state trooper, Smith repeatedly identified himself as a sheriff and asked the trooper to “just let him go,” stating he would allow the officer to drive away if the roles were reversed, according to reports.

Smith’s trial was scheduled for Feb. 21 in Cambridge Municipal Court. A hearing was set for Feb. 4 to consider a request from Smith’s attorney to suppress the urine test results. The state obtained a continuance for the motions until Feb. 29.

No new date has been set for Smith’s trial, and it can’t be scheduled until after the hearing.

The primary is March 4.

skolnick@vindy.com