Judge HUMILIATES Vindictive Ex-Wife After She Commits Petty Revenge Cr1me During K1d Exchange

Added: 2026-05-20

[00:00:00]This case starts with a detail that completely changes the tone of the hearing. Damage did not happen during some late-night emotional meltdown behind closed doors. It happened during a child exchange. That matters because the court instantly sees the children as unwilling participants in adult revenge.

[00:00:17]Amber Norris for the state.

[00:00:19]Your honor, may it please the court.

[00:00:21]Ashley Smith appears over Zoom and Derek Pierce Smith appears for her via Zoom as well.

[00:00:29]All right, thank you, counsel. We last appeared on July 1st. At that time, uh Ms. Smith was arraigned. We set today as a uh pre-trial status.

[00:00:40]Uh what announcement is being made today, Mr. Smith?

[00:00:44]Prosecution has offered a plea deal and we are prepared to accept it.

[00:00:51]All right, and what what is the plea agreement?

[00:00:56]Uh I apologize. In your jurisdiction, your honor, is the court prefer that the uh defense to read the offer or the prosecution?

[00:01:05]I I don't really necessarily have a preference. If if you know what the plea agreement is, I just go ahead and let me know.

[00:01:14]Uh judge, in exchange for uh some conditions of uh probation, the state has uh offered a criminal or a misdemeanor criminal damage property domestic violence tag class B non-person misdemeanor.

[00:01:30]Uh state has advised they are willing to recommend 6 months jail, 12 months court services probation with all standard conditions, no contact in place with the victim and his property, continues talking parents program for contact relating the children specifically in accordance with the uh prior divorce case as well.

[00:01:52]Restitution is agreed uh in the amount of $6,997.12.

[00:02:00]No firearms, costs and fees, mental health assessment per the agreement, and an anger management program. I'm assuming the anger management program, if it if I'm not mistaken, is the DVOA and the BIP, if I'm correct, domestic violence offender assessment.

[00:02:23]Yes, that would be fine. Okay.

[00:02:30]All right, thank you, Mr. Smith. Ms. Norris, is that your understanding of the plea agreement that's been worked out?

[00:02:37]Yes, Your Honor. State would move to amend count one, uh the only count in the original information to a misdemeanor criminal damage to property, and we'd ask that the court add a DV or that there be added to a DV tag that is a class B non-person misdemeanor.

[00:03:00]What what's the restitution amount that's being proposed?

[00:03:04]Your Honor, it's uh $6,000 $6,997.12.

[00:03:15]All right, Ms. Smith, you've heard the plea agreement that's been announced. Is that correct?

[00:03:22]Yes, Your Honor.

[00:03:23]And that's how you wish to proceed today, pleading Is it a no contest or a guilty plea, Mr. Smith? Judge, we would request a nolo plea, but we're satisfied with the the basis as set forth in the amended complaint.

[00:03:53]All right, Ms. Smith, is your plea being made freely and voluntarily?

[00:03:58]Yes, your honor. Has anybody made any threats or promises other than the the plea agreement to get you to enter into this plea today?

[00:04:06]No, your honor.

[00:04:08]Do you understand that you have a right to um have a jury trial in this case?

[00:04:15]Yes, your honor. Or or a trial uh just to the bench? And at the trial, the state would be required to prove your guilt beyond a reasonable doubt on each element of the offense. Do you understand that?

[00:04:26]Yes, your honor. And you understand at trial, your attorney would be able to cross-examine the state's witnesses, and you would be able to put on any evidence you felt was favorable to your situation?

[00:04:38]Yes, your honor.

[00:04:39]Do you understand that on a class B misdemeanor, the maximum penalty is 6 months in jail and the maximum fine is a thousand dollars?

[00:04:49]Yes, your honor.

[00:05:00]All right, Ms. Norris, can you provide a a brief factual basis?

[00:05:15]Your honor, on August 11th of 2023 at Courtland over Butler County, Kansas uh that the defendant uh did scratch or key uh the the sides of a black Ford F-150 truck VIN as noted in the um information uh belonging to Joshua Smith uh who is her ex-husband and whom she shares children with and this was done during uh child exchange at that uh address and um there was damage uh to the vehicle and it was done without um any permission from the victim.

[00:06:25]All right, thank you, Ms. Norris.

[00:06:33]Ms. Smith, have you had plenty of time to discuss your case with your attorney?

[00:06:38]Uh yes, Your Honor. Do you need any more time to visit with him before we proceed further?

[00:06:43]I don't believe so. All right, I I do find that you understand the nature of the charges and appreciate the consequences of pleading no contest.

[00:06:53]And I further find that you understand the rights you're giving up by pleading no contest and the facts of the case would be sufficient uh to sustain a finding of guilt. I will therefore find you guilty of amended count one, criminal damage to property, class B um misdemeanor with a domestic violence tag.

[00:07:15]I assume the parties are wanting to proceed with sentencing today.

[00:07:19]Yes, Your Honor.

[00:07:21]Defense is fine with that, Judge. All right, and Ms. Norris, I I heard uh the recommendations announced by Mr. Smith. Do you wish to um supplement those or provide additional recommendations?

[00:07:35]The factual basis is brutally simple, and that simplicity hurts the defense more than a dramatic story would have.

[00:07:43]There is no complicated timeline, no confusing evidence, no mutual confrontation muddying responsibility.

[00:07:51]Just an ex-wife scratching and keying a truck during a custody exchange.

[00:07:58]I do not, Your Honor. Those are in keeping with the plea negotiations and basically almost verbatim from the the email exchange that that we had uh last week. Thank you.

[00:08:11]>> Okay.

[00:08:12]Uh Mr. Smith, anything you would add regarding the sentencing recommendations?

[00:08:17]Uh just momentarily, if I may, Judge. Uh though the restitution was agreed and defense has no objection to its workability, it is a large amount for um a period of 1 year. I believe my client fully intends to make begin making payments as soon as she is fine as soon as she is able to, but uh given that it is a approximate $7,000 amount, I request the court uh to consider that in making any findings as to her payment amount per month as it would be quite substantial to make those into 12 separate payments through a year probation. Thank you, Judge.

[00:08:59]All right. Thank you, Mr. Smith.

[00:09:01]Um Ms. Smith, is there anything that you would like to say before I pronounce sentence?

[00:09:07]Uh I don't believe so.

[00:09:11]All right. Um for the sole count of criminal damage uh to property a class B misdemeanor, I will sentence you to a term of 6 months in the county jail.

[00:09:24]I will place you on probation for a period of 12 months from that controlling sentence with court services.

[00:09:32]You'll need to follow all standard conditions of probation including not to violate the law, uh not to possess or use alcohol or illegal drugs, stay in contact um as directed by your probation officer.

[00:09:49]If you have contact with law enforcement, you'll need to let your probation officer know within 24 hours.

[00:09:58]I'm going to order uh that you pay restitution in the amount of $6,997.12 to Uh that's paid to Joshua Smith. Is that correct, counsel?

[00:10:13]That is correct.

[00:10:16]All right. I don't believe a fine was requested. Uh however, you will be ordered to pay the court costs and the probation supervision fees.

[00:10:25]As a condition of probation, you're not to uh possess firearms.

[00:10:31]Any communication you have with Joshua Smith um should be done through the Talking Parents app.

[00:10:40]Is that what was recommended in that regard?

[00:10:45]Uh yes, Your Honor. That is the um it's in consistence with their previous divorce decree, and it seems to be working for them.

[00:10:55]All right. And then I want to make sure I'm clear since there's a DV tag, she will need to obtain uh the BIP assessment. Is that what was contemplated?

[00:11:04]Yes, I think because of the B- because of the DV tag, the domestic violence offender assessment would be required be required if I'm not mistaken. All right.

[00:11:14]And that will be the order of the court.

[00:11:16]Ms. Smith, Ms. Smith, can you turn on your camera, please?

[00:11:28]Ms. Smith, Let me uh see if I can call her if the if it was dropped.

[00:11:35]Miss Smith, can you hear me?

[00:11:38]I can now, Your Honor.

[00:11:40]Okay, I'm not sure when The last thing I heard was that I have contact with law enforcement.

[00:11:47]I would need to inform my probation officer within 24 hours.

[00:11:54]All right, then I ordered that you only communicate with Joshua Smith through the Talking Parents app.

[00:12:02]Did you hear that?

[00:12:04]Yes, sir.

[00:12:05]Okay, you're not to be in possession of firearms.

[00:12:09]You need to obtain a BIP assessment, which is a domestic violence assessment.

[00:12:17]And follow any recommendations that are made.

[00:12:21]Mr. Smith, you're retained, is that correct?

[00:12:27]Yes, Judge. My apologies, I had myself muted.

[00:12:34]All right, counsel, have I covered all of the recommendations that were made?

[00:12:43]Your Honor, the only one that um the court has not addressed is the mental health assessment and that she follow through on the recommendations in conjunction with the domestic violence offender assessment. Okay, is that a separate assessment than the DV assessment? Your Honor, I'm not sure how the how mental health or you know, South Central or whoever ends up doing it would consider doing it whether it be separate or if they could do a common a combined version, but I I think both aspects are important.

[00:13:17]All right, Mr. Smith, anything you would add in that regard?

[00:13:20]Um I don't have any because it's part of the plea, I don't have any issues with the if the court believes a mental health evaluation on top of the BIP evaluation is necessary, I would note that I do believe mental health is a uh, category, if I'm not mistaken, of the BIP assessment, but uh, I have I do believe it would be technically a separate evaluation if the court wants a mental health evaluation, as well.

[00:13:49]Well, I I don't want to necessarily um, bog her down with an unnecessary evaluation if the BIP assessment um, includes a mental health component component and recommendations um, are made that are are in line with the mental health um, treatment or or med management, I I think that would suffice. If it doesn't include that, I I think she should obtain a separate one, but I know that can be tricky for a probation officer in trying to determine what exactly she needs to do, so I I just want to make sure we we make it clear.

[00:14:34]The mental health debate becomes the most revealing part of the hearing, because it exposes what the prosecutor truly believes.

[00:14:42]She openly references multiple prior protective orders and long-term conflict patterns, which means this case is being viewed as part of a larger behavioral history, rather than a stand-alone emotional explosion.

[00:14:57]Cuz there's there various types of mental health assessments that some of which can be very expensive.

[00:15:06]Um, I think as far as specific like mental health and medication management, I think that would be a uh, psychiatric evaluation. There's also just the mental health, which would cover depression and anxiety, things of that uh nature. I don't think the BIP necessarily as a quote specific category of its evaluation includes mental health just as a factor in determining whether or not the person is to complete the entirety of the batterer intervention program or not, or whether what sort of classes are required. So, to answer the court's inquiry is necessarily related to medication management and things of that nature, I do not believe so. But, I just meant that I believe it includes some inquiries about mental health for the purposes of determining what classes for anger management are necessary. All right. I think at this point, I I'm just going to order that the the BIP assessment be done.

[00:16:17]So, you're honor, you're taking out the caveat uh regarding the mental health component?

[00:16:23]If not, then she should have the the mental health assessment.

[00:16:27]Are you removing that from Well, I It's my understanding that the BIP assessment includes a mental health component. Is Is that Did I hear >> You're honor, I've never actually seen the the full evaluation. I'm sure they actually ask some questions that are mental health related, but as far as an actual whole section that's on mental health, I I really couldn't say.

[00:16:54]Usually, we we just get the results of the evaluation um that says do they need the the the domestic violence offender BIP program and or not, and how many weeks do they think they need to spend in the program.

[00:17:12]The reason I asked for mental health, and well, domestic violence offender and BIP is required based on the DV tag. So, I don't think the court has any choice in that. The reason I asked for mental health as well is because according to and you know, with documentation and other court documents, this is a long-standing, long-term issue um with this defendant and her ex-husband.

[00:17:38]Obviously, they're not married for a reason, um but she's had more than one PFA or PFS or whatever against her out of Sedgwick County. I mean, this So, I feel like maybe there's something else going on besides, you know, obviously she doesn't like her ex-husband, um but people who don't like other people don't necessarily key their car or have to have PFAs and PFSs against them um more than once or multiple times. So, I just I suggested mental health assessment um and that she follow through on the recommendations cuz I don't know how she's going to score um in the domestic violence offender BIP assessment. Um and if that was part of the plea agreement, I'll just order the mental health assessment as well as the BIP assessment.

[00:18:24]I probably made that way more complicated than I needed to.

[00:18:31]All right, Ms. Smith, you have a right to appeal this sentence. If you can't afford an attorney to do an appeal, one will be appointed for you.

[00:18:44]All right, Mr. Smith, are there any sentencing recommendations um you feel I haven't addressed?

[00:18:50]Uh Judge, uh does this jurisdiction address payment payment procedures for the uh restitution amount as to a schedule of payments or something of that nature? Uh my client's biggest concern is ensuring she's in compliance with the terms of her probation, but that is a large amount to pay off in 1 year. That's the only sentencing consideration I still have. Can she afford to pay a minimum of $100 a month?

[00:19:17]Miss Smith.

[00:19:19]Yes, your honor. I could do that.

[00:19:21]Can you make a payment by the end of August?

[00:19:26]Yes, your honor.

[00:19:28]Okay, I'll I'll order there to be a minimum payment of $100 a month uh due the by the last business day of each month starting with August and the last business day of each month thereafter.

[00:19:44]Obviously, that's not going to get everything paid off. That's a minimum amount.

[00:19:51]Um so you'll need to make larger payments along the way, but that at least sets a a minimum amount.

[00:20:01]Judge, um I apologize that I'm inquiring so much about this issue, but I do not practice in Butler County a substantial amount, so I'm not entirely sure how your jurisdiction handles it. In the event that uh she has not paid off the entire amount of restitution at the end of the probationary period, assuming all other variables consistent, uh what is usually the court's uh normal uh position on that? Do I just want to be able to advise my client appropriately.

[00:20:32]Well, a lot of times it'll be done by a volunteer voluntary extension.

[00:20:38]Um a lot of time those issues get worked out just by agreement and the court signs off on those.

[00:20:46]Um in worst case scenarios, people will will get a warrant to show cause filed on them.

[00:20:54]But typically, the person who's paying and cooperating, um it doesn't usually come to that.

[00:21:01]Understood, Judge. Thank you very much.

[00:21:04]All right, Miss Norris, can you think of anything else?

[00:21:07]No, your honor. Thank you. All right, Ms. Smith, do you have any questions about your sentence?

[00:21:12]No, I do not, your All right, you'll need to call court services when we get done here.

[00:21:19]Uh Mr. Smith, do you have that number to provide to her or do I need to do it?

[00:21:23]No, your honor. Uh if you could relay that information to her, I'd appreciate that. Do you have something to write with, Smith?

[00:21:31]I have my phone.

[00:21:33]I'll take it down right now, your honor.

[00:21:37]It's 316 322 4153.

[00:21:52]And that's court services. You need to call them today and and get started on your probation.

[00:21:58]Thank you, your All right, if there's nothing further, we'll be in recess on the Ashley Smith case. Thank you. The final minutes show the reality of modern probation courts.

[00:22:10]The jail sentence sounds dramatic, but long-term compliance becomes the real battlefield. The defense attorney keeps returning to payment logistics because he knows probation systems punish disorganization almost as aggressively as criminal behavior itself.

[00:22:26]Judge Krum actually gives a realistic answer about voluntary extensions and show cause warrants, which quietly tells viewers how these cases usually evolve behind the scenes.

[00:22:38]Courts care less about perfection than visible effort and cooperation.

[00:22:43]Still, the bigger damage here may not even be financial or criminal.

[00:22:48]This hearing permanently reshapes how this mother will be viewed in future legal conflicts involving parenting judgment and emotional control.

[00:22:58]One impulsive act during a custody exchange became documented proof of hostility tied directly to the children's environment. That kind of courtroom record follows people for years, especially when family court issues resurface later.