After a trial last summer, a D.C. Superior Court jury found Maxim Smith, 26, guilty of assault with a dangerous weapon and felony assault while armed for beating the motorist in his head and hands with what prosecutors said was a metal bicycle U-lock.
The assault, prosecutors said, unfolded one August night as Smith slowly biked in the 3100 block of M Street NW ahead of the motorist. The frustrated driver then began honking his horn at Smith. At one point during the ensuing altercation, Smith later admitted, he repeatedly called the driver the n-word. Federal prosecutors argued that Smith attacked the driver because the driver was black. The jury, however, said there was no evidence to support that claim.
While Smith was in D.C. jail serving his sentence in that attack, he was also awaiting a second trial in a case involving a misdemeanor destruction of property that allegedly occurred just two months after the August incident.
In the newer case, Smith was charged with damaging the window of a Lyft driver’s car while swerving his bicycle erratically. He also allegedly called the driver, who was African American, the n-word.
That bench trial was scheduled to begin Monday. But as the parties assembled in the courtroom, prosecutors informed Judge James A. Crowell that the Lyft driver was not present to testify and that they would need additional time to bring the case to trial, according to court records.
Smith’s attorney objected and requested that the charges be dismissed. The judge - according to the records - agreed and ordered the case dismissed for want of prosecution.
Smith will remain in prison until he completes his sentence. He has also appealed the verdict with the D.C. Court of Appeals.