Teacher accused of choking Cape student plans to plead not guilty, lawyer says

The Cape Girardeau Central High School teacher accused of choking a student in a downtown parking lot last month asserted his innocence for the first time Thursday via a statement from his attorney.

Roman D. Smith, 32, is charged with misdemeanor third-degree assault stemming from what court documents called a "play fight" with the student in a downtown parking lot.

"My client will be entering a not guilty plea in this charge," Smith's attorney, Bryan Greaser, said in an email. "We intend to let the justice system play out, and our justice system will allow Roman Smith to tell his account of what happened on that night in a court of law."

The "fight" between Smith and the student began after Smith, the student and two of the student's female friends engaged in conversation in downtown Cape Girardeau on Jan. 21, according to a probable-cause statement. It escalated when Smith allegedly wrapped his feet around the student's waist and applied a choke hold, causing the student to lose consciousness, according to the statement.

The student convulsed and snored after allegedly being choked, one of the witnesses told the student's mother, Penny Coleman.

Smith regrets the incident and evidence will prove that he was "within the bounds of the law on that night," Greaser wrote in the statement.

Cape Girardeau police chief Carl Kinnison said Thursday that the only evidence in the case is the accounts of witnesses. A surveillance camera near the parking lot where the incident occurred didn't pick up any footage of the incident, Kinnison said.

Coleman said her son was downtown to play pool at an establishment where minors are allowed early in the night.

Kinnison said the department contacted the school after the incident. Smith has been on paid administrative leave since Jan. 22, Cape Girardeau School District superintendent Dr. Jim Welker said. A substitute has taken over Smith's classes.

Welker said he could not comment on any of Smith's past behavior toward students, his disciplinary record or if or when Smith would be replaced. Welker cited the incident being a "personnel matter" as a reason for not commenting further.

Coleman said Wednesday she was considering pulling her son out of the school because of recent harassment from other students stemming from the incident.

Smith was issued a summons Tuesday and will appear in court March 6.

Staff writer Erin Ragan contributed to this report.

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