Convicted bigamist sentenced on computer fraud charge

by Kim Robins - Posted on Jul 13, 2011 - 04:22 PM

Shirley Smith-Smart, a 71-year-old Gloucester resident who is serving a one-year jail sentence for a January bigamy conviction in Isle of Wight, was handed another one-year sentence in Gloucester Circuit Court on Tuesday.

The sentence handed down Tuesday by retired Judge Joseph E. Spruill was for computer fraud through which Smith-Smart gained over $11,000 from her estranged husband, Kenneth Smart of Gloucester, in July of last year. Smith-Smart pleaded guilty to the charge in June. Spruill ordered the sentence to run consecutively with her current jail term.

Smith-Smart was sentenced to five years with four years suspended and was ordered to pay $11,562 in restitution to EVB bank, which had reimbursed Smart after Smith-Smart accessed his individual account online without his authorization.

"The impact on me, on my life, has been devastating," Smart told Spruill during his testimony Tuesday. Smart, 68, said he married Smith-Smart in 2007, after the death of his wife of 32 years, and his new wife began abusing him six months later. "She told me a couple of times if she could get away with it she would kill me," he said.

Smart said Smith-Smart took his house, 37 acres of land, his vehicles and $80,000. "She just took and took and took, and now it’s all gone," he said. "I’m just trying to get something of my life back."