Tuesday's scheduled preliminary hearing for Scott A. Smith was cancelled following his indictment Monday on weapons charges for being arrested with a loaded gun, ammunition and four knives at an Aug. 4 showing of The Dark Knight Rises at Regal Cinema in Crocker Park.
Nicole DiSanto of the Cuyahoga County Prosecutor's Office said Monday that the preliminary hearing, where a judge would decide if the case was to proceed, was no longer necessary now that an indictment has been issued.
Smith's next court appearance is his arraignment, scheduled for 8:30 a.m. on Aug. 27. He remains in jail on $250,000 bond.
Smith, who does not have a concealed-carry permit, was indicted Monday on three charges: a fourth-degree felony carrying concealed weapons (for the gun found on him), a misdemeanor carrying concealed weapons (for the four knives found on him) and a third-degree felony for having weapons under disability (for the gun on him as well as the ones taken from his home).
Smith's attorney, Matthew Bruce, said Monday evening that he would be meeting with Smith in the next day or so to discuss the charges and make sure Smith understood them.
"I anticipate pleading not guilty to all charges (at the arraignment)," Bruce said.
DiSanto said that the prosecution decided to list all original 19 weapons under disability charges under a single charge, as that is how they would be handled in a potential sentencing.
Bruce said it was a strategic move by the prosecution, adding the ownership of at least some of the 19 weapons was in dispute.
"Some belong to (Smith's) wife," Bruce said. "Now, all they have to do is prove at least one of the guns meets the weapons under disability charge instead of 19."
The weapons under disability charge is based on the prosecution's assertion that Smith has some kind of substance abuse problem. DiSanto declined to specify whether it was drug or alcohol abuse being alleged.
But at last week's initial hearing, Bruce said he believed that the assertion was that Smith was abusing prescription drugs, something Bruce denied.
"He is not dependent on any drugs, he is not suffering from any mental conditions," Bruce said after the hearing.
Smith was arrested August 4 after off-duty Westlake police officer Jeremiah Bullins, who was working security for Regal Cinema that night, approached Smith, who was sitting in the back row of the still-empty theater prior to the late showing of The Dark Knight Rises, and searched his bag.
Bullins discovered a loaded 9MM Glock semiautomatic handgun, two fully loaded magazines and three knives in a zippered compartment. A fourth knife was found on Smith.
Recent coverage of the case: