The Plumas County District Attorney’s Office reports that John Patrick Smylie, 39, of Quincy, was sentenced Oct. 20 by Plumas County Superior Court Judge Douglas Prouty to the aggravated term of three years and eight months in state prison. Smylie was removed from court at the start of the sentencing hearing after engaging in loud and disruptive conduct.
Following a two-day jury trial, a Plumas County jury convicted Smylie Sept. 23 of felony resisting an executive officer, felony vandalism and misdemeanor brandishing a deadly weapon. As factors in aggravation, the jury found Smylie was armed in the commission of the crimes and is a danger to society. He was shackled during trial after he engaged in numerous outbursts, threats, attacks and efforts at self-harm during court appearances leading up to his trial, according to the district attorney’s office.
Smylie was originally arrested on Jan. 19. His arrest, as proven at trial, stemmed from an incident where Smylie contacted dispatch to report a theft. During his call, Smylie began screaming erratically at dispatch. The call disconnected.
Then-Deputy Tyler Hermann was familiar with Smylie. He knew he was on parole, a registered sex offender and homeless, living in a forested area on Bucks Lake Road between Plumas District Hospital and Meadow Valley. Hermann had also previously discussed Smylie with Smylie’s parole officer, Gary Lowry. Lowry informed Hermann he was aware of Smylie’s mental instability, threats and fears there would eventually be a violent confrontation between Smylie and law enforcement. Given this knowledge, Hermann partnered with Sgt. Jacob Vickrey prior to responding.
At 12:20 p.m. Jan. 19, Lowry spoke with Hermann and Vickrey, indicating Smylie’s ankle monitor was no longer active and had likely been removed in violation of the Smylie’s parole. Lowry requested Hermann and Vickrey confirm the status of the ankle monitor and arrest Smylie if he was not wearing it.
Hermann and Vickrey then responded to Smylie’s camp area. As Hermann and Vickrey drove down the spur road, they saw Smylie had staged his ankle monitor in the middle of the road. It had been cut off, damaged beyond repair and scratched with the word “PIG.” As the officers approached, while Smylie was standing behind the damaged ankle monitor holding a hatchet in each hand. Hermann was aware Smylie had a parole term restricting him from possessing weapons, the district attorney’s office reported.
Vickrey parked their patrol vehicle a safe distance from Smylie. Smylie began yelling at the officers, demanding they shoot and kill him, raising his hatchets over his shoulder in a brandishing manner. After about a minute of Smylie demanding the officers kill him, Smylie removed a cell phone from his pocket and threw it, hitting the patrol vehicle. Smylie then began to walk away, disregarding Vickrey’s order to stop.
The encounter with Smylie lasted roughly an hour, and ended when California Highway Patrol officers arrived to assist. They outnumbered Smylie, who finally gave up and allowed himself to be taken into custody. During the hour or so encounter, Smylie pretended to have a concealed weapon and pleaded, repeatedly, for the officers to shoot him while disparaging the officer and his parole agent.
On April 2, Hermann received a letter from Smylie explaining why he initially called for service and detailing his hatred of Hermann and Vickrey for not shooting and killing him on the day of his arrest.
Plumas County District Attorney David Hollister, the trial prosecutor, expressed his gratitude for the attention and efforts of the jury, the patience of those working and doing business in the courthouse during Smylie’s repeated outbursts, and the professionalism of Sgts. Tyler Hermann and Jake Vickrey. Hollister noted, “The citizens of Plumas County have every right to be proud of their law enforcement officers,” Hollister said. “In this case, the restraint and skill of the sergeants involved was nothing short of remarkable and most certainly saved a life that might well have been taken in 57 other counties.”
