Lucille Smentek, 65, of the 10200 block of Brigham Trail, is charged with one count of aggravated discharge of a firearm, a Class 1 felony, according to an amended complaint.
She initially was charged with a Class X felony, a non-probational offense which carries a prison term of up to 30 years, court records show. If convicted on a Class 1 felony, she faces between four and 15 years in prison, but the offense also is probational.
According to court records, a man with whom Smentek has a relationship told police that the two had a verbal and physical altercation at his home, which is the same address Smentek listed in court documents. The man said Smentek discharged a firearm at him, the criminal complaint states.
Police went to the home where they found that a bullet had gone through a TV and into the living room wall, according to the complaint.
Police said Smentek told them there was an argument, that the man “approached her aggressively” and that, “in fear for her safety,” she discharged a .38 Smith and Wesson Shield pistol in his direction “as a warning shot,” according to the complaint.
No one was injured by the shot fired, police said in the complaint.
The man told police that after the argument began he “attempted to go upstairs (and) she followed.”
“He then went back down the stairs where she was waving the handgun around and fired the handgun in his direction,” according to the complaint. “He also states that she pistol whipped him on his right wrist, but no marks were seen on his wrist.”
Smentek and the man each provided police with “voluntary statements,” according to the complaint.
She had an initial appearance before a judge Wednesday afternoon where the charge against her was amended. Prosecutors filed petitions to argue she be held in the county jail pre-trial and a second petition to argue for conditions of pretrial release, according to court records.
The latter petition argued that should the judge deny the petition to detain her as part of the SAFE-T Act and she is released that he impose conditions including that she not leave the state, refrain from possessing a firearm or other dangerous weapons and that she not have contact with the man she is accused of firing at.
According to jail records, Smentek was released from custody Wednesday afternoon. She is due back in court Oct. 25.