DC officer responsible for deadly crash ordered to continue probation
High-speed accident killed 2 in Lothian
The off-duty police officer who killed a young couple in a late-night car crash in Lothian in 2022 was ordered by an Anne rundel Circuit Court judge Thursday to continue serving his fiveyear probation.
Though Circuit Judge Stacy McCormack opted not to change Austin Kirk Smith’s guilty disposition to probation before judgment, she said she was not ruling out the possibility in the future. Defense attorney Sabrina Thompson argued their motion would serve the public’s best interest, allowing a law enforcement officer to continue serving the community. But the judge said the public’s best interest right now resides in its safety.
“In my mind, it’s too early,” McCormack said, adding that she wouldn’t consider probation before judgment for at least four years.
Probation before judgment means that a defendant has probation without a conviction.
Smith, a 28-year-old
College Park resident, pleaded guilty last March to two counts of negligent manslaughter — one each for victims Nick Harris, 21, and Leah Mae Foster, 23 — and was sentenced to 18 months in prison. He was released in December after serving nine months of his sentence.
On May 27, 2021, shortly before 1 a.m., Harris and Foster drove to a 7-Eleven store four minutes from Harris’ home in Lothian.
At the same time, Smith, an officer with the Metropolitan Police Department in Washington, D.C., was driving home from work in a Dodge Charger. A witness told investigators the Charger and another vehicle drove past them so quickly, they assumed the two were
racing one another.
As Harris started to turn through the two lanes on Route 4 that separate the highway from his home, Smith plowed through the passenger side of the couple’s car. Driving over 105 mph, Smith pushed Harris’ vehicle off the road, ejecting the driver and passenger.
Assistant State’s Attorney Carolynn Grammas said during sentencing that Foster flew more than 50 feet past her SUV and crashed into a tree so hard that her shirt evaporated from her body.
The posted speed limit at the intersection — where more than 3,000 community members have petitioned for safety measures after the couple’s death — is 55 mph.
Harris, a former football player, had dated Foster, a young mother, for only three months before their deaths.
Grammas said the crash would not have happened if Smith was driving 10 mph slower.
Thompson argued that Smith was not the only one at fault in the crash, saying Harris had failed to stop at a stop sign at the intersection. She also cited his autopsy, which showed the 21-yearold had a .11 blood alcohol concentration, which is above the legal limit. Harris’ mother challenged the results of the autopsy, saying her son had been home and was not drinking before the crash.
McCormack pointed more to Smith’s speed as the primary cause of the fatal accident.
The hearings early last year were not much of a comfort to Harris and Foster’s friends and families, who attended in droves and were largely frustrated by Smith’s conduct after the fatal crash.
Citing Smith’s social media posts, such as a video “chronicle of his recovery,” and an Instagram photo with a Dodge Charger captioned “muscle on muscle,” the families continued to question whether the officer truly appreciated the damage he caused.
Crystal Harris, Nick Harris’ mother, recognized in court that forgiveness was part of the grieving process. However, she said she could not bring herself to forgive Smith.
“What has he learned from killing my son?” she asked. “What has he learned from killing my son’s girlfriend? He has learned nothing.”
McCormack, on Thursday and at last year’s sentencing, said she believed Smith’s displays of remorse, saying in 2023 that he was not a horrible person, but someone who made a horrible decision.
When given the opportunity to speak, Smith said, “At this point, I just want to do the best I can going forward.” He declined to offer further comment.
Since his release, Smith has been in Illinois with family. Meanwhile, procedures are underway in Washington D.C. to determine whether he will stay a part of the Metropolitan Police Department. He is currently on indefinite suspension without pay, a department spokesperson said.
A hearing to determine Smith’s future employment took place earlier this month. The Metropolitan Police Department said in a statement that a decision is expected “in the coming weeks.”
Thompson, who represented Smith alongside attorney Barrett Schultz, said her client has “a heart to serve.” She said she hoped a probation before judgment ruling would provide Smith with further career opportunities in law enforcement.
McCormack interrupted her, saying, “There are other jobs.”
“The loss of the victims,” the judge said, “they don’t have any opportunities at all.”