Ex-Newark cop loses appeal of conviction for shaking down drug dealers

Darius Smith was sentenced in August 2012 to three years of probation and ordered to pay a $5,000 fine

Former Newark Police Officer Darius Smith, pictured left in this October 2004 photo, has lost an appeal of his 2012 conviction on official misconduct and related charges. Smith had been accused of conspiring with other cops to steal cash, drugs and weapons from drug dealers.Star-Ledger file photo 

NEWARK -- A former Newark police officer has lost a bid to overturn his 2012 conviction on official misconduct and related charges for conspiring with other cops to steal cash, drugs and weapons from drug dealers.

In a decision released on Wednesday, a state appeals court affirmed Darius Smith's conviction on conspiracy, official misconduct, and theft charges. After a jury found him guilty in May 2012, Smith was sentenced in August 2012 to three years of probation and ordered to pay a $5,000 fine.

Looking to overturn his conviction, Smith argued in part that, before the trial began, the trial judge in April 2012 improperly denied his motion to dismiss the indictment, according to the appellate decision.

Since it had been more than seven years since the indictment was issued, Smith argued in that motion that the delay violated his right to a speedy trial, the decision states.

But the appellate panel agree with the judge's findings that the reasons for the delay were legitimate and largely due to the fact that prosecutors were pursuing separate trials against another city police officer on related charges.

The appeals court also admonished Smith for waiting more than seven years to file his motion to dismiss.

"There is nothing to suggest the delay was deliberate or intended to prejudice defendant," the decision states. "While defendant is not obligated to assert his speedy trial right, the fact that he waited seven years to do so does weigh heavily against him."

Smith and at least two fellow city police officers, Lawrence Furlow and Tyrone Dudley, were initially charged in the case.

After two trials for Furlow ended in hung juries, authorities in June 2012 said they declined to try him a third time and dismissed the charges. The trial judge in Smith's case largely attributed the delay in that matter to Furlow's trials, the decision states.

Furlow and his trial attorney are now suing Newark to recoup nearly $1 million in legal fees.

Dudley pleaded guilty in 2004 to conspiracy to commit official misconduct. He was later sentenced to a term of probation and placed in a witness relocation program, the decision states.

At Smith's trial, Dudley testified about how he and his partner would sometimes share money stolen from suspects with Smith and Furlow, who were partners, the decision states.

"According to Dudley, when they took money from a suspect, they would decide how much of it would be reported as evidence before returning to the precinct to write the reports," the decision states.

Sometimes the officers would divert some of the drugs seized into a "stash bag" after they arrested a drug dealer and, other times, the officers stole drugs from dealers without arresting them, according to Dudley, the decision states.

"They put the stolen, unreported drugs into the stash bag; they used this contraband to plant drugs on other suspects in order to justify arresting them," the decision states.

Dudley recalled one incident in which Smith seized about $3,500 from a drug dealer, but the incident reports only stated $546 was recovered from the man, the decision states.

Dudley also testified about how Smith had illegally searched a vehicle and various residences, the decision states.

After one such search, Dudley said he, Smith and another officer seized a handgun and "placed it in their 'stash bag' so they could use it '[i]n the event that at a later date we come across a suspect or someone that we had a vendetta against, we would place it on them,'" the decision states.

Smith was ultimately convicted of second-degree conspiracy to commit official misconduct; third-degree official misconduct; and a disorderly persons offense of theft under $200.

Since the jury had determined Smith stole less than $200, Superior Court Judge Peter Ryan downgraded the conspiracy charge to a third-degree offense before sentencing Smith to three years of probation.

As part of the appeal, Essex County prosecutors claimed Ryan improperly downgraded the charge, but the appellate panel upheld the decision.

"Here, the jury found the most serious crime was third degree official misconduct," the decision states. "Accordingly, the trial judge properly downgraded the conspiracy conviction to match the official misconduct offense."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.