Monique Smith, 44, of Irvington, is claiming there was "lack of evidence" presented to satisfy her charges in the alleged attack on Councilman John Sharpe James
NEWARK -- An Irvington police captain is seeking to dismiss the charges against her for allegedly trying to run down a Newark city councilman with her car in January.
Monique Smith, 44, of Irvington, has filed a motion to dismiss her indictment in connection with the alleged attack on Councilman John Sharpe James, according to Smith's attorney, Anthony Pope.
Following a brief court hearing on Monday, Pope said the motion was based on the "lack of evidence" in the case.
"We don't believe that the facts elicited during the grand jury presentment satisfied the elements of the offense," Pope said outside the courtroom, adding that there was not sufficient information "for an aggravated assault in...the use of the car as a weapon."
Referring to James's testimony before the grand jury, Pope said "we don't believe the testimony of the witness satisfied the elements."
Smith was indicted on June 23 on aggravated assault, criminal mischief and two weapons offenses.
MORE: Irvington cop pleads not guilty to charges of trying to run down Newark councilman
Prosecutors have extended a plea offer to Smith in which she would plead guilty to a fourth-degree criminal mischief charge. In exchange for that plea, prosecutors would recommend a sentence of probation without any jail time.
During Monday's hearing, Essex County Assistant Prosecutor Cheryl Cucinello also indicated prosecutors would likely approve Smith's admission to the state's Pretrial Intervention Program, a probationary program designed to provide rehabilitation for first-time offenders.
Under the PTI program, if Smith met certain conditions and completed the program, the charges would be dismissed and there would be no record of conviction. Joining the program does not represent an admission of guilt.
But one of the conditions of Smith joining the PTI program would be that she has to forfeit her job with the Irvington Police Department, according to Cucinello.
Given that condition, Pope said Smith was not interested in the program.
Pope also indicated he was still waiting to receive an analysis performed by authorities of paint chips from the vehicles allegedly involved in the case.
The charges against Smith are based on a Jan. 5 incident when she allegedly confronted James near his home in the area of Elizabeth and Pomona avenues at about 11 p.m.
As Smith yelled at him, James got into his car and drove off, police said. Smith then entered her personal vehicle, followed James and repeatedly struck his vehicle with her car, police said.
James drove to his parents' residence on Wilbur Street, where his father, former Newark Mayor Sharpe James, intervened on his behalf, police said.
Smith was arrested and later released from custody after posting ten percent of her $75,000 bail.
The altercation allegedly occurred hours after Smith was promoted to captain during a ceremony at Irvington Town Hall. Township Mayor Tony Vauss has said Smith would be suspended without pay pending an investigation.
Following the alleged incident, James received a temporary restraining order against Smith.
James dropped the temporary restraining order in February after he and Smith entered into a civil agreement that requires her to not contact him, according to James's attorney, Toni Belford Damiano.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.