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Former top Phoenix prosecutor arrested on felony harassment charge

Posted at 10:44 PM, Aug 30, 2023
and last updated 2023-08-31 10:49:53-04

PHOENIX — Just weeks after retiring, the City of Phoenix’s top prosecutor has been arrested and charged for allegedly threatening his wife and violating an order of protection.

Robert “Bob” Smith, who just started working for the City of Scottsdale, was arrested late Tuesday by police at his Chandler home and charged with a felony aggravated harassment charge, records show.

At his initial appearance, prosecutors laid out a concerning initial set of allegations against Smith.

“I need to emphasize to the court that everybody that is aware of the situation, currently including the Chandler Police Department and Mr. Smith’s family, are on the highest alert possible,” Maricopa County Attorney’s Office prosecutor Josh Clark told the judge.

ABC15 obtained a copy of Smith’s jail booking records which include officers’ justification for his arrest.

“Over the course of several hours between 8-27-23 and 8-28-23, Robert Hedges Smith committed Aggravated Harassment-DV by sending dozens of unsolicited and unwanted text messages to his estranged wife after he had been served with an order of protection prohibiting him from making contact with her,” the court records show.

The prosecutor also told the judge that Smith had sent messages saying he was going to get a gun and sent concerning and threatening pictures.

“He had sent text messages to his wife referencing Jack Torrance and Lizzie Borden, both of whom who are ax murders. (Torrance) is a fictional character,” Clark said.

In court records and at the initial appearance, officials raised concerns about Smith’s mental health.

ABC15 is withholding specific details about those claims because Smith disputed them while addressing the judge.

“Against the advice of counsel, I would like to say something,” Smith told Commissioner Tara Prochko. “Good morning, we’ve met in person. Several of my appellate attorneys (inaudible). I was the City of Phoenix prosecutor up until August 11th, for the past three years…This week is the most humiliating and disgusting week of my life over a bitter spouse after I said I was going to file for divorce. These allegations of weapons (are false). I have no mental health history, your honor.”

In court, Smith said he’s now working a “frontline” position with the City of Scottsdale.

After Smith's claim in court, the city of Scottsdale released the following statement:

Robert Smith started employment with the city of Scottsdale on Aug. 14, and his employment was terminated two weeks later on Monday, Aug. 28. His employment had already been terminated at the time he made the statement.

At the end of the hearing, the judge issued a $150,000 bond and ordered Smith not to have any contact with his wife.

His next hearing is currently set for September 6th, records show.

Phoenix officials responded to our request for comment with the following statement: We do not have any comment as the arrest happened after Mr. Smith‘s scheduled retirement from the City on August 11.

Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.