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Nearly two years after being arrested for running down a bicyclist in Dublin, felony charges are moving forward for a San Ramon attorney.
Spencer Freeman Smith briefly appeared in Hayward Superior Court on Thursday morning, with a new hearing and a trial set for the coming months.
Smith is charged with hit-and-run and vehicular manslaughter in the May 17, 2012 death of Bo Hu. Police tracked Smith by tracing wreckage left at the scene to a Mercedes dealership, which led to Smith’s 2012 Mercedes-Benz CLS550, according to court documents.
A disposition hearing — which could lead to a resolution of the case against the San Francisco-based employment lawyer — is set for Feb. 20.
Smith’s attorney pointed out that his client is also a lawyer and asked that Smith be allowed not to attend that hearing. That brought a sharp response from prosecutor Matthew Gold.
“I don’t care who he is, he’s like anyone else here,” Gold said.
Smith waived a preliminary hearing in December, which allows the case to move forward at a jury trial, set for April 28, unless the matter is resolved at the Feb. 20 hearing.
Hu, 57, a Chinese national who was living in San Ramon at the time, was either walking or riding his bicycle northbound on Dougherty Road near Fall Creek Road at the time of the crash. He was pronounced dead at the scene.
Since Hu’s death, Smith has had at least six postponements to the case. His preliminary hearing was repeatedly set and rescheduled. He turned down a plea offer, although prosecutors are prohibited from discussing details of the deal.
He also canceled a Cert hearing, in which a proposed resolution would have been made to a judge, who would have the option of adopting or rejecting it.
His only appearance until Thursday was in June, 2012, when he entered a not guilty plea. He said nothing at that first appearance but a few whispered words to his attorney.
Smith is a partner at the San Francisco firm of Smith Patten. No bar actions related to the case have been taken since the 2012 crash, and he remains free on bond.
I don’t get it. This man killed another man and then tried to hide the evidence. why is he not in jail like the other kid who killed the woman on foothill? He is clearly a danger to society and if anyone knows better it’s him because he’s an attorney. they both belong in jail.
Melanie, I think the reason for the lack of timely progress in the case is that the accused an attorney and so he and his lawyer know exactly how to play the system. The longer they succeed in delaying the case, the more likely it is that the public outcry will die down completely and that any legal consequences will be less severe or go away completely.
I’m glad that the case seems to be moving forward at last. And that the prosecutor gave short shrift to the attempt to get Mr. Freeman Smith special consideration because he is an attorney. If he’s guilty, he’s as much a criminal as the next man. And since an attorney has made a career within the law, it seems to me that the conduct of an attorney should be legally above reproach.
Since the furor in early days, it has been difficult to find reports on the few developments in this case, even though a cyclist was killed and the accused is a San Francisco attorney. So it seems to me an important one. And, as Melanie pointed out, there are some similarities with the Cody Hall case.
A belated thank you, therefore, to the Pleasanton Weekly for this report and for not conveniently ignoring the case, but continuing to follow it.
Hitting an individual with a car and driving off is a cowardly act.
Hopefully the driver will be punished to the full extent of the law.
NO MERCY!
Glenn: Do you have an update on this story. Is a jury trial still set for April 28? Thanks.
It’s good to be a rich, powerful attorney, any bets on this coward getting a slap on the hand, and continue living happily ever after!!
I know him well. He has helped lots of people myself included. He is a great family man and attorney who has represented me in the past. Everyone makes mistakes, knowing this guy and who he really is I hope the the punishment doesn’t keep him from his family long. With that being said, my heart goes out to the family that lost. Complicated situation. I’m sympathetic for both sides because I know Spencer. If any of you know/knew someone in a similar situation, and a person like I know him to be. It would be a hard scale to weigh on. May God bless the family that lost. May God bless my friend Spence. From the other side of the world. Peace to all
Does anybody have the case number? The web lookup for the Alameda Courts only works if you have the case number. You can search by name only for civil cases, and this is a criminal case.
What developments have there been in this case since January?
Is this still a pending case?
As a lawyer he must be held to a higher standard and punished accordingly. .could you imagine if a police officer did whst this lawyer did?
Spencer Smith changed his plea to guilty and will be sentenced in February 2015, according to the Pleasanton Patch website lead story.
He’s finally going to see justice. Given his status as an attorney, his attempt to hide his guilt, the countless legal delays, and that he left a man to die alone, I genuinely hope he’s given the absolute maximum sentence possible in the worst prison our state has. He, of all people, clearly deserves it.
I agree, PAX. But will he? For example, to my astonishment, I read elsewhere that one of the sentencing options for the judge would be probation.
Spencer smith is a crooked attorney…he rips off african americans….both he and waukeen mccoy…that charge $10,000 fee and rip blacks off. They’re no hero for the african american community…..some cases they help, but others its all about lining their pockets…getting rich off the poor.
LAns, I’m sorry but a great family man does not kill someone, drive away, hide their car and deny culpability and then plead guilty after they have nowhere to go and are just plain busted. No, a great man, stops, renders aid and does what he can to help the victim and the family and faces up to his crimes. Your friend is the quite the opposite of a great family man. Your friend is a self serving, cold hearted killer.
Well said “ERIC”!!! Give the coward a nice long sentence, then lock him up with a nice cell mate that can “appreciate” his company. Sadly though like I said 10 months ago I’m still betting that he gets off with a slap on the hand while the case disappears into oblivion !!
Eric nailed it. Perhaps his victim could have survived if he had pulled over or even just called 911. Instead he left the poor man there to die alone. I hope they threw the book at him and revoked his license to practice law. One so willing to break the law should not be able to practice it. Does anyone know what hus sentence was?
Do anybody know if this scumbag was sentenced? Why is it secretive? What’s going on….he is no hero for this community. He is a crook. He’s a wolf in sheep clothing.
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Thankfully, it seems that the Spencer Freeman Smith case has not yet “disappeared,” even if it has disappeared from the media.
The next court date in the case was posted on another web site. It is scheduled for Tuesday November 25. (ie This week.) According to the person who posted, it is for jury selection.
You can check Alameda County court dates online. According to the online site, the location is Hayward and the time will be 9 a.m.
It is now two years and six months since the cyclist Bo Hu was killed.
For Sam:
I’m not sure whether court case numbers stay the same from the very beginning to the end, regardless of progress. But the online details for the court date indicate that the case number is H55167.
http://apps2.alameda.courts.ca.gov/findyourcourtdate/views/query-listing.aspx