Damien Ato Smith, 26, was found guilty as charged of Aggravated Battery with a Deadly
Weapon following a one day trial in Lee County. The jury returned the guilty verdict just before
7 p.m. last night after deliberating for an hour.
The crime happened in June of this year at a homeless camp outside of a church in North Fort
Myers. A homeless man who did not live in the camp came to visit a friend. The defendant was
angry that the man walked into the camp and told him he had to leave. The victim refused so
Smith picked up a baseball bat and hit the man in the face and head. The defendant than ran
away and hid. Deputies from the Lee County Sheriff’s Office were called to the scene and started
a search using a helicopter and dogs for Smith. He was found hiding behind a tent about five
Two of the people living in the camp and the victim testified as witnesses to the crime during the
trial. Sentencing is scheduled for October 28th. Smith faces up to 15 years in prison. Assistant
State Attorney Malcam Godwin prosecuted the case.
State Attorney’s Office