Judge: Man to be tried in assault on jail guard

A judge says a man accused of assaulting an El Paso County jail guard can stand trial on attempted first-degree murder charges.

The Gazette reports that 24-year-old Marcus Smith attacked the sheriff’s deputy in September while he was in jail awaiting trial in the killing of an 87-year-old woman. A judge on Monday denied Smith’s request to dismiss the attempted murder charges.

Deputy Harry LeMonte says Smith threw him to the floor, hit him and kicked him in the face, causing him to lose consciousness. He says his eyes were swollen shut for days.

Prosecutors say Smith also snatched the deputy’s radio and tried to drag him into his cell. But defense attorney Josh Tolini says Smith did not intend to kill the guard.