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A Durham firefighter asked the court to reduce his bond on charges of arson and domestic violence, saying his wife and mother-in-law, his alleged victims, will support his claim of innocence.
Billy Wayne Smith, a firefighter with the Durham Fire Department, is accused of setting his home on fire Nov. 22 with his wife, mother-in-law and 7-year-old child inside. Deputies allege he put plastic items on the stove, ignited the stove burners and left the home.
Smith was charged with a felony count each of first-degree arson and attempted first-degree arson, along with a misdemeanor count each of assault with a minor present, assault on a female and a crime of domestic violence.
In the motion for bond modification filed on Dec. 10, Smith’s attorneys say his lack of a criminal history and homeownership “render his flight risk effectively zero.”
At his first court appearance, Judge Todd Roper set Smith’s bond at $200,000. He is asking that be reduced to $5,000 and that he be allowed to contact his wife and child.
Smith’s request says that both his wife and mother-in-law “will give evidence that Defendant did not assault (his wife) or anyone else and was not trying to burn the house down on the night of his arrest.”
In making the request, Smith’s attorneys note that his wife is employed as a social worker whose experience with mental health and domestic violence issues make her better able to help him manage his mental health. Attorneys allege Smith “experienced a psychiatric episode” on the night of his arrest.
His family also needs him home to help with the farm and household bills, the attorneys say.
When he appeared in court Nov. 24, Smith’s wife made the same case.
“He’s not a dangerous man when he’s sober,” she said. “He was emotional when I got home from work and it just, it spiraled beyond what I could handle.
In setting Smith’s bond, Roper said, “I have extreme concerns about his mental health and well-being. It’s a situation where I’m not comfortable in allowing him to return to the home when he is in a state that’s questionable at this stage.”
Smith is on leave from his job with the Durham Fire Department while his case plays out.
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