Brooklyn Man Indicted for Threatening Former State Court Prosecutor

Defendant Called, Texted and Voice-mailed Threatening Messages

Scott Allan Smith was arraigned today before United States District Judge Raymond J. Dearie on an indictment charging him with threatening to murder the former state prosecutor who handled his criminal case.  Smith was arrested on a complaint on August 6, 2019, and was remanded pending trial.  If convicted, Smith faces up to five years’ imprisonment.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.

“As alleged, six months after he was released from prison, the defendant began threatening to kill the former state prosecutor who had handled a criminal case against him,” stated United States Attorney Donoghue.  “Threats against members of the criminal justice system who work to protect our communities will never be tolerated and those who commit such crimes will face the consequences.”

“A threat against anyone's life is unacceptable.  However, when you threaten the life of an official who was representing the public and enforcing the law on behalf of law abiding citizens, as we allege Mr. Smith did here, you are attacking all of society,” stated FBI Assistant Director-in-Charge Sweeney.  “The consequence is prison, something Mr. Smith knows all too well.”

As alleged in court filings and proceedings, Smith was sentenced in Missouri to seven years in prison in October 2015 after pleading guilty to assault and felony restraint.  Smith was released from the custody of the Missouri Department of Corrections on February 22, 2019.

On or about August 3, 2019, Smith called the former Callaway County, Missouri prosecutor in his criminal case and stated, in sum and substance, “You remember me, don’t you?  I just want to tell you, you are about to die.”

Later that day, Smith sent the victim a series of threatening text messages, stating, in part, “5 years I’ve been waiting for what’s about to happen.  I’ve fantasized about it every single night for years…  My life for your life” and “I am a martyr for this.”

The defendant then concluded with a voicemail left on the victim’s telephone, stating he would “get the needle,” make “national news” and “every prosecutor in the United States would think twice about telling a lie in this country.”

The charge in the indictment is an allegation, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s General Crimes Section.  Assistant United States Attorney John Vagelatos is in charge of the prosecution.

The Defendant:

SCOTT ALLAN SMITH

Age:  38

Brooklyn, New York

E.D.N.Y. Docket No. 19-CR-421 (RJD)