Log In


Reset Password

Walnutport man gets jail time in JT shooting

A Walnutport man, who previously pleaded guilty to a count of simple assault in a shooting incident in Jim Thorpe, was sentenced Tuesday in Carbon County court to a prison term.

Thomas Henry Smith, 55, was sentenced by Judge Steven R. Serfass to serve four to eight months in the county prison.Smith was arrested by borough police for an incident on March 1, 2010, at the home of Jace J. Gill, 11 Lehigh Gorge Drive, in the Leisureland section of the borough. In a plea agreement, charges of aggravated assault, recklessly endangering, and another count of simple assault were dropped.Officer Michaelangelo Bokeko was dispatched to the Gill residence for a suspicious vehicle. While en route the officer was told that there was a male at the scene who had been shot. Upon arrival Bokeko observed a male lying on the ground in front of the house and a female was applying pressure to his left thigh.Also on scene the officer observed another man standing nearby with a bloody nose.The officer learned that Smith and Gill's estranged wife at the time, Judith A. Gill, went to the residence to retrieve some of her personal belongings along with her vehicle. Smith told police while attempting to get in the front door Gill appeared out of nowhere and began to assault him. Smith then shot Gill. Gill was transported to the Lehigh Valley Hospital, Salisbury Township, for treatment. Smith was taken to the Lehighton hospital for treatment and later arrested.Defense Attorney John Waldron told Serfass that there was three shots fired, but the first was a warning shot. The other two struck Gill.Smith told Serfass he feared for his life. He said he was attacked by Gill and was bleeding profusely. He said, "I did what I had to do to save my life."He read from a prepared statement about health and family problems he has and that he has a son living at home with him. He asked not to be sent to jail.Gill was present and disputed some of what Smith said happened.He told Serfass of the injuries he sustained and the long period of recovery. He noted it took three and a half years until the case finally came before the court.He also admitted striking Smith in the nose and about the head, but denied it was a vacious attack and stated by Smith. He also said he was shot three times by Smith.He said after being shot the first time in the leg, Smith held the barrel of the gun to his leg and fired a second time. After that he said Smith said, "I hope you bleed to death."Serfass said the case did go back a long period of time. He rejected a plea for house arrest and no jail time saying the recommended sentence of the adult probation office was "appropriate for what happened." Serfass added, "I can't ignore your actions in this matter."The jail term will be followed by 16 months of probation. Smith was also ordered to have no contact with Gill, get a mental health evaluation and follow any recommendation for treatment, attend and complete anger management counseling, and make total restitution to the victim and the victim's fund of $3,198.78. He must also pay court costs, which average about $1,000, and pay a $50 per month supervision fee. He was given credit for 25 days spent in jail on the charge.He will begin the jail term at 9 a.m. Friday. He was made eligible for the work release program.