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Name:
Smith, Kolby Michael
Date of Booking:
8/25/2021
Reason(s) For Booking:
Statutory Rape – Misd- Victim is 14 but Less than 16 and Offender is 18/Younger and no more than 4 years older
Aggravated Child Molestation Victim is 13 but less than 16, Offender is 18 or younger only 4 years older – Sodomy (M)
The information below reflects all details available at the time of publication and was obtained directly from the official court database accessible to the public. Court records are subject to change at any time at the court’s discretion. The Georgia Gazette is not responsible for errors, omissions, or discrepancies within the docket. No information provided should be construed as legal advice or opinion. All individuals are presumed innocent until proven guilty in a court of law.
CASE HISTORY:
8/27/21
CONSENT ORDER BOND ISSUED
What this means: Kolby Michael Smith was allowed to post a $5,000 bond in Superior Court under warrant numbers 21-2677 and 21-2678. The bond came with conditions including waiving extradition, having no contact with alleged victim Kaylee Waddell and her siblings, and abiding by a temporary protective order (case 21CV2339-P2). This bond was issued before the formal accusation was filed in State Court.
8/27/21
ORDER OF VOLUNTARY RECUSAL ENTERED
What this means: Judge Dean C. Bucci of Paulding County Superior Court voluntarily removed himself from handling any future proceedings in Kolby Michael Smith’s case. The order states that if a grand jury returns a “true bill” indictment, the case would be randomly reassigned to another judge. This recusal order applied to the original Superior Court warrants 21-2677 and 21-2678.
2/23/23
ACCUSATION FILED
What this means: Kolby Michael Smith was formally charged with two counts in Paulding County State Court case 23-SC-000037. Count 1 alleges statutory rape – that between July 15-18, 2021, Smith (then 18 years old) engaged in sexual intercourse with Kaylee Waddell, who was at least 14 but under 16 years old. Count 2 alleges aggravated child molestation – that Smith committed an indecent act involving oral sex with Waddell, who was at least 13 but under 16. The accusation was signed by Solicitor General Luana P. Nolen.
2/24/23
APPEARANCE BOND SET
What this means: Kolby Michael Smith was granted an appearance bond totaling $5,700 in State Court case 23-SC-000037. The bond was secured by property and signed by Brian Kemp as Governor. Smith’s parents, Owen Michael Smith and Shirley Smith, served as sureties. The bond allows Smith to remain free while his case proceeds, with conditions that he appear for all court dates and comply with other requirements.
3/3/23
DEFENSE ATTORNEY ENTERED APPEARANCE
What this means: Attorney Theo Sereebutra officially entered the case as defense counsel for Kolby Michael Smith in Paulding County State Court case 23-SC-000037. This formally establishes who will be representing Smith throughout the legal proceedings.
3/3/23
WAIVER OF ARRAIGNMENT FILED
What this means: Kolby Michael Smith’s defense attorney filed a waiver of arraignment, meaning Smith chose to skip the formal court hearing where charges are read aloud and a plea is entered. This is a common procedural step that allows the case to move forward without requiring Smith’s physical presence at an arraignment hearing.
3/3/23
CONSOLIDATED MOTIONS AND DEMAND FOR DISCOVERY FILED
What this means: Kolby Michael Smith’s defense attorney filed multiple legal motions at once and demanded discovery from the prosecution. Discovery is the process where both sides share evidence, witness lists, and other case materials. The consolidated motions likely included requests for specific evidence and procedural protections for Smith.
7/11/23
ARRAIGNMENT NOTICE AND CALENDAR SCHEDULED
What this means: Despite the earlier waiver, the Paulding County State Court scheduled an arraignment hearing for Kolby Michael Smith at 9:30 am. This suggests the court still required Smith to appear for formal proceedings or that the waiver was not accepted for some reason.
8/21/24
GUILTY PLEA ENTERED TO STATUTORY RAPE
What this means: Kolby Michael Smith pleaded guilty to Count 1 (statutory rape) in his Paulding County State Court case. As part of the plea agreement, Smith was sentenced to 12 months with credit for 3 days already served, leaving 11 months and 27 days on probation. He was also ordered to pay $1,155 in restitution to the Georgia Crime Victim Compensation Program. This was accepted as a first offender plea under Georgia law.
8/21/24
AGGRAVATED CHILD MOLESTATION CHARGE DISMISSED
What this means: The prosecutor entered a nolle prosequi (decision not to prosecute) on Count 2, the aggravated child molestation charge against Kolby Michael Smith. This means the more serious charge was dismissed as part of the plea agreement where Smith pleaded guilty to the statutory rape charge. A nolle prosequi allows the prosecutor to dismiss charges without prejudice, meaning they could theoretically be refiled later, though this is uncommon.