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Cary Dad Gets Jail Time for Refusing House Arrest

Posted February 20, 2008

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— A Cary man convicted of assaulting a Wake County school bus driver last spring was ordered Wednesday to finish a month in jail on top of the house arrest he was sentenced to earlier.

Superior Court Judge Leon Stanback found Derry Aimo Schmidt in contempt of court for refusing to cooperate with probation officials on his house arrest.

Schmidt, 46, of 120 Frohlich Drive, was found guilty last month of assault on a female in connection with a May 23 incident outside Cary Elementary School.

Police said Schmidt drove into the school's bus-unloading zone to drop off his daughter after classes had started and became irate when his car was boxed in by school buses.

Schmidt testified during the three-day trial that he asked veteran bus driver Jametta Farrar to move her bus so he could leave, and he cursed at her and used a racial slur when she didn't move. Farrar and Schmidt provided conflicting accounts as to whether he drove his car into her during the confrontation.

Jurors acquitted Schmidt of committing a hate crime, assault with a deadly weapon and assault on a school employee.

Schmidt was sentenced to 75 days in jail, which was suspended to 25 days under house arrest. He also was ordered to undergo a mental examination and attend anger management classes.

When probation officers tried to set up the in-home monitoring of Schmidt, he refused and was placed in jail on Feb. 1 for violating the terms of his sentence.

After almost three weeks behind bars, Schmidt on Wednesday asked Stanback to allow him to serve his 75-day jail sentence instead of the house arrest.

"He has informed me he'd like to put this behind him – this entire situation. He feels like the best way for him to do that is to serve the active sentence," defense attorney Ryan Willis said.

Stanback refused, saying he wanted to make sure Schmidt complied with the mental exam and anger management class stipulations of the sentence. The judge ordered Schmidt to stay in jail for another 10 days to complete a 30-day sentence for contempt of court and then begin serving his house arrest.

Farrar said she was pleased with the judge's decision.

"This man has been trying from Day 1 to make me look like the bad one. He obviously needs the mental help that he deserves," Farrar said.

As he was led from the courtroom, a frustrated Schmidt said, "I have to get ... out of this state."


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  • justwondering2 Feb 21, 2008

    This guy definitley needs a serious mental health eval. He has an inner rage that has reared its ulgy face more that once according to stories I have read on the news. Or the next thing he's in the news for might be for some horrific crime he has committed. Even if he moves to another state, so does his wacked out mind.
    To his family my unsolicited advise would be... Run Forest Run

  • fedupwithitall Feb 21, 2008

    kimandem - "don'tletmebotheryou: How do you know I don't have any evidence? As far as you know, this lazy bus driver could be my sister or my best friend. I think it is you without evidence."

    I am not the one saying you didnt have evidence...it was SWW1RB...the reverand. I was taking up for you. What you read was me quoting his response to you, and then me asking him what the heck he thinks the bus driver is still sitting at home for. Trust me, I am on your team.

  • rushbot Feb 21, 2008

    I wonder how many of the posters for this story actually attended the trial and developed their opinions from the testamonies delivered on the witness stand!

  • casp3r Feb 21, 2008

    MISS OH BABY= With no doubt.. I agree, this guy was a ticking time bomb.

  • MISS OH BABY Feb 21, 2008

    she was wrong and was the principal she would be terminated

    thats suppose to read IF I WAS THE PRINCIPAL

  • MISS OH BABY Feb 21, 2008

    i was just kidding with that statement about she deserved it... I meant she deserves to be in trouble to. I said she taunted him and provoke and if i knew she was wrong and was the principal she would be terminated and the man he deserves his sentence because he really has anger issues to go that far.. I think i use the words extreme road rage

  • zeitghost Feb 21, 2008

    What I really came to say, (not get in a war of words) is that I think his sentence was too long but, jeepers man, cowboy up, serve it, and get it over with.
    There was wrong on both sides here. The driver should not have blocked him in. That was just spiteful and mean.
    He shouldn't have used the bus lanes. There are posted hours, sure, but if the busses are running late, they're still in them. If there's a bus in the bus lane then it's fairly safe to assume that it's still a 'bus lane' whether it's outside the posted times or not.

  • casp3r Feb 21, 2008

    MISS OH BABY= No, no she did not deserve to get called racial names and to be bumped by the car or grabbed when he moved her away from his car. She did this on purpose and is to blame also but she did not break any laws unlike the wacko dad.

  • zeitghost Feb 21, 2008

    Of grad school? '87

  • G-Dawg Feb 21, 2008

    Better yet, who let you out?