Crime & Safety

Arraignment Set for Suspects Charged With Murder and Arson

Suspects are due in court to be formally charged.

Two suspects will be arraigned on charges stemming from a fatal house fire last fall.

Jill Smith, 34, and Peter Delaney, 37, will appear in front of Judge David Dickinson in Forsyth County Superior Court Thursday. They are accused of setting a house fire that killed Smith’s husband.

Michael Smith died on Oct. 22, 2010 in the couple’s Cumming home at 5540 Kennemore Dr. in the Shepherd's Pond subdivision, during a blaze that started in the master bedroom. The medical examiner confirmed Mr. Smith’s death was due to a combination of smoke inhalation and thermal burns (see story).

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Smith and Delaney will be formally charged with felony murder and first-degree arson during Thursday’s arraignment. Judge Dickinson will also ask for their pleas to the indictment that was filed by the county D.A.’s office earlier this month.

“Obviously we will be entering a plea of not guilty,” said Rafe Banks, Delaney’s attorney.

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Following the arraignment the case will be put on a trial calendar.

“Generally the way it’s been in Judge Dickson’s courtroom is that after arraignment a defendant is usually put on a trial calendar a couple of months after that,” District Attorney Penny Penn said.

Kyle Epps, one of Smith’s attorneys, revealed, during the March 3 bond hearing, that his client was more than four months pregnant and had not been examined by a doctor. He also did not say who the father might be when asked.

“That’s not something I’m going to comment on right not--I know who it’s not,” said Epps.

Banks also did not comment on who the father might be, but did say, “I know it’s not my client.”

Smith was back in court on March 17 to give Judge Dickinson a status update of the medical examination she did receive since the March 3 bond hearing.

Smith and Delaney remain at the Forsyth County Detention Center without a bond. According to Penn, they can ask for another bond hearing, but are not entitled to one since the indictment was filed within 90 days of their arrest.


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