She wanted child custody. Ex-husband hit her with SUV, stabbed her, prosecutors say

A 46-year-old man could spend the rest of his life in prison for trying to run down his ex-wife with a sport utility vehicle and stabbing her in a downtown Modesto alley two years ago, prosecutors said.

A Stanislaus County jury on March 27 found Derell Musantha Smith guilty of attempted voluntary manslaughter, attempted kidnapping and domestic violence causing great bodily injury, the Stanislaus County District Attorney’s Office announced Monday in a news release.

The jury reached its verdict after a seven-day trial for Smith, a Modesto resident who also is known as Derrick Smith. The violent attack apparently stemmed from a family court case involving Smith and his ex-wife.

Smith’s ex-wife was in family court for a hearing on Feb. 22, 2017. She was seeking child custody after applying for a protective restraining order against her estranged husband, according to court records. Prosecutors said Smith failed to attend that hearing.

They said Smith followed his ex-wife as she left the Stanislaus Superior Courthouse. Modesto police officials said Smith was driving a tan Chevrolet Suburban and followed the woman to an alley near 11th and K streets.

The woman was walking in the alley with another man, according to police. Prosecutors said Smith tried to run her down with the SUV, knocking her to the ground. The man walking with her was not hit by the vehicle or injured.

Smith’s ex-wife was on the ground incapacitated, when he got out of the SUV and stabbed her in her torso and forearm, according to prosecutors.

Then, Smith forced his ex-wife to her feet and into the SUV’s rear passenger seat, prosecutors said. She tried to run away and stumbled.

Smith put the SUV in reverse and tried to run her over again, according to prosecutors. The incident was captured on video from a security camera at a nearby business.

Police officials said Smith left before officers arrived. Smith was wanted by police for about two weeks before authorities found him and took him into custody. His ex-wife was hospitalized and survived her injuries.

Deputy District Attorney Samuel Luzadas Jr. prosecuted the case against Smith. The defendant in 1993 was convicted of four robberies in Stanislaus County and one count of assault with a gun. Those criminal charges are considered strikes under the state’s “Three Strikes” law.

Smith has been held at the Stanislaus County Jail since his April 6, 2017, arrest. Superior Court Judge Dawna Reeves has scheduled Smith to return to court May 3 for his sentencing hearing. Prosecutors said Smith faces a maximum sentence of life in prison.

This story was originally published April 9, 2019 at 12:12 PM.