LOCK HAVEN - Tisha L. Smeal, 34, of Beech Creek, was sentenced Monday for the 2020 assault on two Lock Haven City Police Officers.  President Judge Craig P. Miller imposed a sentence of imprisonment of 6 months to 23 months at the Clinton County Correctional Facility, with a consecutive 3 year probation term to follow.  Smeal was found guilty following a 1 day non-jury trial on April 21, 2022, of 2 counts of simple assault (M2) and 2 counts of aggravated assault on a police officer (F2).

Smeal was originally scheduled to be sentenced in July, but that proceeding was continued at her request.  Shortly before her sentencing Monday, Smeal filed a motion with the Court asking the Court to vacate her conviction and schedule her for a new trial.  Smeal alleged that President Judge Miller, when he was a defense attorney, had previously represented a defendant in 1998 that created a conflict of interest in Smeal's present matter.  In denying the motion, Judge Miller ruled that Smeal's motion was untimely and it clearly should have been raised before trial, not after.  Miller also went on to explain that he had no recollection of the twenty-four-year-old case upon which Smeal based her motion. 

Prior to trial, Smeal had filed another motion trying to have the case dismissed, and alleged that the Commonwealth had taken too long to try the case.  That motion was also denied after the Court determined that the vast majority of the 18 month delay in getting the case to trial was caused by Smeal herself and the mutiple continuances she had requested, as well as the delays caused by COVID-19 protocols. 

On sentencing itself, Smeal asked the Court to impose a house arrest sentence.  DA Dave Strouse, arguing for the Commonwealth, asked Miller to send Smeal to state prison for 2-4 years.  Strouse argued that Smeal had never accepted any responsibility for her actions in the case.  Strouse said the defendant had no remorse and thought the entire case was some kind of joke.  Strouse referred to a Facebook post allegedly made by Smeal, with a photograph of her biting her tongue posted the day following her trial, on April 22, 2022.  Strouse alleged that Smeal made joking comments about her biting police, and being a "biter".

Strouse proceeded to describe the video evidence that was viewed at trial.  Explaining that Smeal had bitten 2 separate police officers, first a female officer, and second a male officer, while they attempted to stop from interfering with an arrest of her then-paramour.  Strouse also described how Smeal acted like a "caged animal" after she had been taken into custody - and referred to video evidence of Smeal in the rear of a police patrol car screaming and damaging the car for extended period of time after the assault. 

While imposing sentencing, Judge Miller indicated that he had viewed the videos and it was quite clear what Smeal had done, and that it was completely unacceptable.  Miller said the sentence was intended to recognize the severity of the crimes, but also to recognize that Smeal had no criminal history.  For those reasons, Miller imposed the county jail sentence.  At the conclusion of sentence, Smeal requested that she be permitted to report to jail at a later date.  Miller denied that request and committed her to the custody of the Clinton County Sheriff.