The trial of an Athens father accused of bringing a loaded shotgun to Athens High School in 2010 has been postponed.
Thomas Brian Smoak, who is charged with making a terrorist threat and possession of a firearm, had been scheduled to be trial the week of Sept. 10 in Limestone County Circuit Court.
However, the case has been continued because the defense has filed additional motions seeking to suppress evidence in the case, Limestone County District Attorney Brian Jones said.
The case has been moved to the December trial docket, he said.
Smoak is accused of taking a loaded shotgun to the school that day because he was allegedly angry that school officials had suspended his son earlier that day for using a racial slur toward another student. Smoak’s wife called the school and warned Principal Chris Bolen and Secretary Peggy Sutton of possible impending danger, according to Athens Police. The principal locked down the school and Smoak was arrested after he drove on and then off school property.
Judge James Woodroof Jr. recently denied a request by defense attorney John Totten of Athens to suppress testimony about the telephone conversation. The defense is now challenging the legality of the police stop, arguing the officer did not have probable cause to stop Smoak’s vehicle, Jones said.
The judge will set hearings to consider these defense requests.
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Trial postponed for dad accused of bringing gun to AHS
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