Drug Tests Indicate Former Army Ranger Violated Bond Terms

A former U.S. Army Ranger accused of killing his roommate and fellow Ranger last year in Gaithersburg has tested positive for marijuana numerous times in recent weeks, violating the terms of his release on bond, according to court documents.

During a hearing yesterday morning, Montgomery County Circuit Court Judge Eric Johnson ordered Gary James Smith to immediately provide urine for a drug test and said he intends to send Smith back to jail if the test indicates drug use, said Smith's attorney, Andrew V. Jezic. Smith is charged with first-degree murder.

Drug tests conducted Nov. 13, 16 and 20 show that Smith has been using marijuana, according to a written notice to the court signed by the caseworker supervising his pretrial release. A test administered last week also indicated marijuana use, Jezic said.

Prosecutors have asked that Smith's bond be revoked in light of the violations. Smith, 25, has been out on bond since November 2006. He is accused of fatally shooting Michael McQueen, 22, in September 2006. Jezic has said that McQueen committed suicide.

Johnson has scheduled a hearing for Monday, after which Smith could be taken back into custody if the new test comes back positive for marijuana use. Smith is expected to go on trial in February.