DARLINGTON - A rural South Wayne woman accused of hacking at her boyfriend's arm with an ax waived her right to a preliminary hearing Wednesday and was remanded back to Lafayette County jail.
Brandy Smithey, 32, appeared in Lafayette County Circuit Court shackled at her hands and feet. She is charged with a Class B felony count of first-degree intentional homicide, Class H felony counts of aggravated battery and two counts of bail jumping following an incident on Feb. 4.
Smithey is accused of attacking her boyfriend, Theodore A. Bauer III, 37, also of rural South Wayne, with an ax and an aluminum baseball bat, putting him in the hospital with injuries described by law enforcement as "life-threatening."
Bauer's mother, Cynthia Bauer, said he has since been released from the Dubuque Mercy Medical Center after multiple surgeries on his arm.
"It's been horrible, truly horrible," Cynthia Bauer said. "The big wound had 33 stitches and his arm is in a cast so he can't tear out the stitches."
Assistant State Public Defender Guy Taylor said proceeding with a preliminary hearing Wednesday would be inefficient as more discovery is required and modifying Smithey's cash bond will be looked at in future court proceedings.
"We have a strong defense in this case and could provide evidence beyond a reasonable doubt that he (Bauer) was homicidal," Taylor said.
Bauer has not been charged with anything related to the alleged assault.
Smithey answered Judge William Johnston with simple "yes" or "no" answers before being bound over for an arraignment hearing that had not been scheduled as of Wednesday. Smithey remains jailed on a $100,000 cash bond.
If convicted for the maximum penalty on all counts, Smithey could face up to 78 years imprisonment or $30,000 in fines or both.
Lafayette County Sheriff's Department deputies did not become aware of the alleged assault until Feb. 9 when a nurse at Mercy Medical called and said Bauer was being treated for his injuries. Bauer later told the responding officer he did not trust the Lafayette County Sheriff's Department and refrained from reporting the incident. The responding officer interviewed Bauer at the hospital.
Smithey was arrested Feb. 9 after the deputies received the report.
Court records indicate that on Feb. 4, Bauer was plowing his driveway on Fritzges Road and then went inside his residence with his girlfriend Smithey. Bauer said they got into an argument concerning Bauer's father's funeral set for Feb. 6. The funeral was closed to anyone outside family members. Bauer's father, Theodore Bauer II, died Feb. 1.
Bauer said Smithey commanded her pit bull, nicknamed Mr. Man, to "Get him, Mr. Man," and the dog jumped and bit Bauer's arm. Bauer told deputies he knocked the dog off and walked into the bathroom. Bauer said he then approached Smithey, who was on a bed, and the dog jumped on his back, biting him again. As the dog was attacking him, Bauer said he saw an ax being swung at his face from his periphery and put his right arm up to shield his head.
The ax allegedly caught the inside of his right bicep, potentially causing a 7.5 centimeter long by 1.5 centimeter wide horizontal wound, according to the deputy's report. Bauer also had a large deep "S"-shaped wound on the front of his bicep. The deputy wrote in his report there were numerous puncture wounds and scabs on both of Bauer's arms and on his right shoulder.
Bauer said he could not remember what happened after the ax struck him, but he woke up later in a pool of blood with his daughter speaking to him. Bauer said he then found two of his teeth in the bathroom, as well as a bloody aluminum baseball bat on the floor. Bauer said his daughter is a nurse and was treating him prior to being admitted at Mercy Medical. Bauer told deputies he keeps a blue, steel ax by his bed for home protection.
In an interview with deputies after Bauer was admitted to the hospital, Smithey said she never hit Bauer with an ax or baseball bat.
Smithey told deputies that after Bauer plowed the driveway, she and Bauer began drinking and earlier that day had smoked marijuana. Smithey told deputies she made a phone call to her mother during which she allegedly berated Bauer's ex-wife. Smithey said Bauer overheard the insult and that he had a "look to kill" in his eyes. Bauer then grabbed her by her shoulders and shoved her onto a bed. At this point, Smithey said her dog leapt up and attacked Bauer. Smithey said she commanded the dog to "out" from a bite, the command given for the dog to let go of toys. Smithey told deputies the dog was not trained to attack on command.
Smithey said after the dog stopped biting, Bauer head-butted Smithey across the bridge of her nose and yanked on her hair. The responding officer wrote in his report that Smithey had a yellowing bruise under her eye and a large clump of hair was found at the foot of the bed during an investigation of the residence.
Smithey told deputies she then took the dog with her into the bathroom and locked the door. She said Bauer took the ax and hacked at the bathroom door. The responding officer wrote in his report that after investigating the residence, there was an indent in the bathroom door but no chop marks.
Smithey said when she left the bathroom, Bauer threatened to kill the dog and swung an aluminum baseball bat at the animal. Smithey put up her arm to block the blow and was hit with the bat. The officer wrote in his report that Smithey had a dark red/purple bruise, on her elbow, as well as "spotty" bruises on her forearm.
When the deputy asked Smithey if she hit Bauer with the ax, she said she did not remember. When asked if she hit Bauer with the baseball bat, Smithey said she could have thrown the bat and it could have hit Bauer in the face.
Smithey said she then called someone to pick her up from the residence. She told deputies she also called Bauer's mother and said "my dog just tore him (Bauer) up," and "there is blood everywhere," according to the deputy's report.
Bauer was interviewed again Feb. 12 and he denied smoking pot or drinking the night of the alleged assault. Bauer did admit to law enforcement that he grabbed Smithey by the hair. A doctor at Mercy Medical told the deputy the "S" shaped wound could be from a dog bite, and that the other big wounds on Bauer could be from an ax.
Brandy Smithey, 32, appeared in Lafayette County Circuit Court shackled at her hands and feet. She is charged with a Class B felony count of first-degree intentional homicide, Class H felony counts of aggravated battery and two counts of bail jumping following an incident on Feb. 4.
Smithey is accused of attacking her boyfriend, Theodore A. Bauer III, 37, also of rural South Wayne, with an ax and an aluminum baseball bat, putting him in the hospital with injuries described by law enforcement as "life-threatening."
Bauer's mother, Cynthia Bauer, said he has since been released from the Dubuque Mercy Medical Center after multiple surgeries on his arm.
"It's been horrible, truly horrible," Cynthia Bauer said. "The big wound had 33 stitches and his arm is in a cast so he can't tear out the stitches."
Assistant State Public Defender Guy Taylor said proceeding with a preliminary hearing Wednesday would be inefficient as more discovery is required and modifying Smithey's cash bond will be looked at in future court proceedings.
"We have a strong defense in this case and could provide evidence beyond a reasonable doubt that he (Bauer) was homicidal," Taylor said.
Bauer has not been charged with anything related to the alleged assault.
Smithey answered Judge William Johnston with simple "yes" or "no" answers before being bound over for an arraignment hearing that had not been scheduled as of Wednesday. Smithey remains jailed on a $100,000 cash bond.
If convicted for the maximum penalty on all counts, Smithey could face up to 78 years imprisonment or $30,000 in fines or both.
Lafayette County Sheriff's Department deputies did not become aware of the alleged assault until Feb. 9 when a nurse at Mercy Medical called and said Bauer was being treated for his injuries. Bauer later told the responding officer he did not trust the Lafayette County Sheriff's Department and refrained from reporting the incident. The responding officer interviewed Bauer at the hospital.
Smithey was arrested Feb. 9 after the deputies received the report.
Court records indicate that on Feb. 4, Bauer was plowing his driveway on Fritzges Road and then went inside his residence with his girlfriend Smithey. Bauer said they got into an argument concerning Bauer's father's funeral set for Feb. 6. The funeral was closed to anyone outside family members. Bauer's father, Theodore Bauer II, died Feb. 1.
Bauer said Smithey commanded her pit bull, nicknamed Mr. Man, to "Get him, Mr. Man," and the dog jumped and bit Bauer's arm. Bauer told deputies he knocked the dog off and walked into the bathroom. Bauer said he then approached Smithey, who was on a bed, and the dog jumped on his back, biting him again. As the dog was attacking him, Bauer said he saw an ax being swung at his face from his periphery and put his right arm up to shield his head.
The ax allegedly caught the inside of his right bicep, potentially causing a 7.5 centimeter long by 1.5 centimeter wide horizontal wound, according to the deputy's report. Bauer also had a large deep "S"-shaped wound on the front of his bicep. The deputy wrote in his report there were numerous puncture wounds and scabs on both of Bauer's arms and on his right shoulder.
Bauer said he could not remember what happened after the ax struck him, but he woke up later in a pool of blood with his daughter speaking to him. Bauer said he then found two of his teeth in the bathroom, as well as a bloody aluminum baseball bat on the floor. Bauer said his daughter is a nurse and was treating him prior to being admitted at Mercy Medical. Bauer told deputies he keeps a blue, steel ax by his bed for home protection.
In an interview with deputies after Bauer was admitted to the hospital, Smithey said she never hit Bauer with an ax or baseball bat.
Smithey told deputies that after Bauer plowed the driveway, she and Bauer began drinking and earlier that day had smoked marijuana. Smithey told deputies she made a phone call to her mother during which she allegedly berated Bauer's ex-wife. Smithey said Bauer overheard the insult and that he had a "look to kill" in his eyes. Bauer then grabbed her by her shoulders and shoved her onto a bed. At this point, Smithey said her dog leapt up and attacked Bauer. Smithey said she commanded the dog to "out" from a bite, the command given for the dog to let go of toys. Smithey told deputies the dog was not trained to attack on command.
Smithey said after the dog stopped biting, Bauer head-butted Smithey across the bridge of her nose and yanked on her hair. The responding officer wrote in his report that Smithey had a yellowing bruise under her eye and a large clump of hair was found at the foot of the bed during an investigation of the residence.
Smithey told deputies she then took the dog with her into the bathroom and locked the door. She said Bauer took the ax and hacked at the bathroom door. The responding officer wrote in his report that after investigating the residence, there was an indent in the bathroom door but no chop marks.
Smithey said when she left the bathroom, Bauer threatened to kill the dog and swung an aluminum baseball bat at the animal. Smithey put up her arm to block the blow and was hit with the bat. The officer wrote in his report that Smithey had a dark red/purple bruise, on her elbow, as well as "spotty" bruises on her forearm.
When the deputy asked Smithey if she hit Bauer with the ax, she said she did not remember. When asked if she hit Bauer with the baseball bat, Smithey said she could have thrown the bat and it could have hit Bauer in the face.
Smithey said she then called someone to pick her up from the residence. She told deputies she also called Bauer's mother and said "my dog just tore him (Bauer) up," and "there is blood everywhere," according to the deputy's report.
Bauer was interviewed again Feb. 12 and he denied smoking pot or drinking the night of the alleged assault. Bauer did admit to law enforcement that he grabbed Smithey by the hair. A doctor at Mercy Medical told the deputy the "S" shaped wound could be from a dog bite, and that the other big wounds on Bauer could be from an ax.