Man receives 40 years in assault case

Daniel Smith, 26, found guilty in aggravated assault

Published On: Dec 06 2012 04:40:11 PM CST

Daniel Smith, 26, was sentenced Thursday to 40 years in prison in the aggravated robbery of a 74-year-old retired engineer, according to a statement from Criminal District Attorney Susan D. Reed.

The unnamed victim was at a drive through of a Popeye's Chicken on Sept. 7, 2010, on Wurzbach near Interstate 10, investigators said,  when Smith approached the vehicle and pointed a semi-automatic at the victim's head.

According to the statement, Smith fled the scene on foot after taking the victim's money and demanding his wallet.

Less than an hour after the robbery, Smith was caught on video attempting to use the victim's credit card at a nearby pawn shop to buy a laptop computer.

Smith was found also found guilty on a charge of credit card abuse, receiving eight years in prison with a $1,500 fine.

The sentences will run concurrently.

Smith has also served time in prison for an assault on a public servant.