Post-sale residency agreement goes sourly into felony

Published 2:07 pm Wednesday, July 16, 2025

A homeowner’s agreement to allow an individual to use a residence has backfired. It has now resulted in the individual being charged with a felony.

The Pacific County Sheriff’s Office was contacted by the homeowner on July 10 due to an ongoing issue. Deputy Rafael Macintosh responded to the residence located on Elk Prairie Road in Frances. He learned that the alleged suspect, Earl R. Smith, 76, had spray-painted a garage door at the residence and used screws to secure it shut.

“[The homeowner] further explained that he had purchased the property from Earl,” Macintosh stated in court documents. “At the time of the purchase, an agreement was made granting Earl life use of the house, contingent upon maintaining civil conduct and an absence of issues.”

“Recently, Earl has been causing problems, leading [the alleged victim] to initiate eviction proceedings,” Macintosh added.

Public records available via the Pacific County Assessor’s Office databases show that the residence was purchased from Smith on June 30, 2022, for $258,500.

According to court documents, the residence is managed by a conservation agency nearby that had considerable damage to sapling trees in an unknown period in 2024.

“[The homeowner] indicated that he received a bill for $1,500 from the conservation agency responsible for planting the trees,” Macintosh stated. “Additionally, [he] reported that Earl destroyed the electric fence intended for his horses.”

According to court documents, Macintosh asked Smith about the incidents and learned that he had done the damage to the garage door.

“Earl admitted to spray painting the garage door and cutting down some of the saplings located near the river,” Macintosh stated. “Earl stated that he had hit some of the electric fence with a mower.”

According to the homeowner, the damage to the fence occurred on a night he had allegedly assaulted his son and had done the damage with a pickup truck.

“Earl stated he was upset that he was being evicted,” Macintosh stated.

Smith has been charged with second-degree malicious mischief, which is a Class C felony with a maximum sentence of five years in prison and a $10,000 fine. However, actual sentences vary and usually fall within a standard range significantly below the maximum.

“[The homeowner] estimated the total damage to be in excess of $750, in addition to the $1,500 bill for the damaged saplings, bringing the total estimated damage to over $2,250,” Macintosh stated.