Jimmie E. Gates, and Mollie Bryant

The Clarion-Ledger

Amid ongoing conflict with the state attorney general's office, Hinds County's top prosecutor and one of his assistant district attorneys were indicted Wednesday on felony conspiracy charges.

The indictments against Hinds County District Attorney Robert Shuler Smith and Assistant District Attorney Jamie McBride were filed just one day after six misdemeanors charges were dropped against Smith. The attorney general's office sought the indictments that accuse the pair of conspiring with a former assistant district attorney to hinder prosecution of a criminal defendant.

Hindering prosecution in the first degree is punishable by up to five years in prison and a fine of up to $5,000 on each count.

MISDEMEANOR CHARGES DROPPED: read story

"As a former district attorney, I have the utmost respect for the work our district attorneys do every day to make Mississippi a safer place to live. They are my colleagues in the fight against crime,” Attorney General Jim Hood said in a statement. “So it brings me no pleasure to prosecute one of our own. But a Hinds County grand jury has indicted Mr. Smith for serious violations of the law that hamper the ability of our criminal justice system to do its job. My hope is that this case is resolved fairly and expeditiously for the sake of the citizens of Hinds County."

In addition to the felony charges, Smith was indicted on a misdemeanor count of improperly assisting a criminal defendant. If convicted of that charge, Smith faces removal from office and a fine of up to $500.

"Obviously, their goal is to stop me from doing my job," Smith said of the attorney general's office, adding: "We're supposed to be working together. Instead, it's been one attack after another."

Smith was arrested in June on a six-count affidavit filed by the attorney general's office that alleged the prosecutor had aided two criminal defendants, Christopher Butler and Darnell Turner, each of whom faces multiple criminal charges. The attorney general's office moved to dismiss the charges against Smith on Tuesday and expressed plans to pursue the criminal case in Circuit Court through an indictment.

On Wednesday, Smith said he was served with the indictments and released on his own recognizance. He'd anticipated the charges, he said, but he has been "surprised about the misconduct on their part for withholding so much evidence."

McBride did not return a call seeking comment.

The indictment accuses Smith, McBride and former Assistant District Attorney Ivon Johnson of conspiring to hinder Butler's prosecution in four different Hinds County Circuit Court cases. The state also alleges in its misdemeanor charge that Smith aided Butler in several ways, including visiting Butler in jail without his attorney present.

Johnson pleaded guilty in federal court in July to conspiring to take money in exchange for lowering bond for a criminal defendant.

Smith believes sealed court procedures, including a hearing containing testimony of an FBI agent, could be favorable toward his case.

"There's a reason why ... they've resisted the release of the hearing, while knowing what it contains," he said.

Smith's attorney, Jim Waide of Tupelo, said he was expecting the indictment of his client. He said Wednesday he didn't want to comment specifically on the new allegations, but said the duty of a district attorney isn't just to seek a conviction, but rather to seek justice.

"Mr. Smith has carried out that duty as a district attorney," Waide said.

SMITH'S INDICTMENT

Contact Jimmie E. Gates at 601-961-7212 or jgates@jackson.gannett.com. Follow @jgatesnews on Twitter.Contact Mollie Bryant at mbryant2@gannett.com or 601-961-7251. Follow @MollieEBryant on Twitter.