The legal situation for Tennessee receiver Josh Smith is going to work out positively in his favor.
Smith was charged with misdemeanor domestic assault following an alleged May altercation with his roommate. On Tuesday, a month after the charge was levied, local officials announced that the charge against Smith will be dismissed later this summer — July 7 — provided he completes 40 hours of community service and pays court costs.
The reason? Per the Knoxville News-Sentinel, the alleged victim, 22-year-old Kennedy James Foster, asked for the charge to be dropped as part of a plea arrangement.
The altercation is said to have taken place during a night of drinking between the two, who are longtime friends, Smith’s attorney said.
Stewart said after the roommates ended the physical battle, Smith called his parents because he was concerned about Foster’s injuries. Records show Foster’s face “to be severely damaged.” His faced was bloodied, his left eye black and swollen and swelling was noted on his lips, nose and the bridge of his nose.
Smith’s parents came to the house and convinced the reluctant Foster to be examined at the University of Tennessee Medical Center, Stewart said. They drove Foster to the hospital. Smith’s brother drove Smith to the hospital. As required by law, medical officials alerted law enforcement of Foster’s injuries. Foster and Smith gave police disjointed, unclear recollections.
“I’m convinced that if Josh hadn’t gone to the hospital to check on his friend’s injuries, he never would have been charged,” Stewart said.
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Smith apparently broke into a locked room where Foster was in an effort to check on him.
Foster had retreated to the bathroom of his bedroom after apparently feeling the effects of his consumption. Foster told authorities Smith “was really worried about me” and forced his way into the locked bedroom, records show.
Foster said he pushed Smith and the two began fighting. Authorities noted Foster’s memory was fuzzy on details about how many blows were landed or even how the encounter ended.
Smith, a senior in 2017, had 13 catches for 97 yards and a touchdown in 2016. His best season was in 2015 when he had 23 catches for 307 yards and two scores in 10 games. In all, Smith has 58 catches for 721 yards and five scores during his Tennessee career.
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