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Woman faces attempted-homicide charge
Victim faces endangering safety, other charges
Brandy Marie Smithey

TOWN OF WAYNE — A 32-year-old rural South Wayne woman faces an attempted first-degree intentional homicide charge and three other felony charges after an altercation in a home Feb. 4.

The alleged victim faces felony charges for allegedly pointing a gun to his ex-wife’s head last March.

Brandy Marie Smithey made her first appearance in Lafayette County Circuit Court in Darlington Friday on the attempted homicide charge, one count of aggravated battery and two counts of felony bail jumping.

Bond was set at $100,000 with an additional condition that she have no contact with the victim. Smithey was in the Lafayette County Jail as of Monday evening, according to online court records.

Smithey’s preliminary hearing is scheduled for today at 2:30 p.m. She faces a maximum sentence of 60 years in prison if convicted.

Smithey is accused of using a “non-firearm weapon” that caused “serious, life-threatening injuries” against the victim, Theodore Anthony Bauer III, 37, South Wayne, Feb. 4, according to a Sheriff’s Office news release.

Smithey was arrested under the state domestic abuse law Feb. 9, according to the Sheriff’s Office.

Smithey has a pending charge of felony bail jumping from November. Her next scheduled court appearance on that charge is a status conference in Lafayette County Circuit Court March 25.

Smithey also has three charges and two citations pending in Columbia County from August 2013 — fifth- or sixth-offense drunk driving, operating with prohibited alcohol concentration for the fourth time in five years, operating after revocation, speeding 20–24 mph over the limit in a 55-mph zone, and open intoxicants in a motor vehicle — driver.
The battery, drunk driving and felony bail jumping charges each have a maximum penalty of six years in prison and $10,000 in fines.

The Green County Sheriff’s Office assisted Lafayette County in Smithey’s arrest.

Meanwhile, Bauer faces several charges of his own, including a charge of second-degree recklessly endangering safety.

On March 3, a caller reported to Lafayette County 911 that her ex-husband had entered her home in South Wayne and threatening her by holding a handgun to her head. Bauer then left the South Wayne house and was arrested in the driveway of his house.

Black Hawk School in South Wayne was locked down briefly before Bauer was arrested.

A plea/sentencing hearing on that charge is scheduled for Feb. 25 at 10 a.m.

Bauer was also arrested for felony bail jumping and cited for first-offense drunk driving and failure to keep a vehicle under control July 22, according to court records, after a report of a vehicle in the ditch on Andrews Road in the Town of Wayne. Bauer pleaded not guilty to that charge and those citations Aug. 22.

Bauer was then arrested for felony bail jumping and cited for reckless driving — endangering safety and failure to notify police of an accident Nov. 16. Bauer pleaded not guilty to those charges Jan. 30, according to court records. A scheduling conference on the traffic charges was scheduled for this week.