(The following story by Larry Shields appeared on the Salem News website on July 16.)
LISBON, Ohio — The Salem man arrested in connection with the June 2 train derailment in Salem may be facing more serious charges after a fourth-degree misdemeanor count of disorderly conduct while voluntarily intoxicated was dismissed Tuesday.
Gary D. Smith, 57, of 320 Benton Road, was arraigned before Columbiana County Municipal Court Judge Mark Frost and assistant prosecuting attorney Ryan Weikart moved to dismiss the charge without prejudice “because more serious charges” by Salem police and Norfolk Southern railroad police may be filed.
Weikart said prosecutors didn’t want to “impede and cause double jeopardy” to subsequent charges.
Robin Chapman, a spokesperson for Norfolk Southern, said the company was working with Salem police and prosecutors to present a case to the grand jury on July 29.
Salem police Chief Robert Floor said prosecutors were looking charges that include trespassing on railroad property.
Floor said he understood Norfolk Southern was pursuing charges regarding interrupting commerce transportation.
Floor said Salem police were waiting to be advised by the prosecutor’s office.
Smith was arrested July 2 after witnesses identified him as the person standing in the path of a Norfolk Southern train and jumping out of the way.
The train came to an emergency stop but was struck from behind by another Norfolk Southern train, causing eight cars to derail.
Smith was scheduled for arraignment July 7 but failed to appear after checking himself into the hospital the day before.
Police said they were called to a home in the 600 block of E. Third St. on July 6 to remove a “suicidal person” sitting on the front porch, drinking a beer.
Smith has five disorderly conduct convictions between December 2003 and December 2004; was convicted of sexual imposition in September 2004; telephone harassment in December 2005; and domestic violence in 2008.
Smith appeared without counsel.