Forsyth Woman, Alpharetta Acquaintance Charged In Husband's Death, Headed To Court Tuesday

Jill Smith, 34, and her “acquaintance,” 37-year-old Peter Blake Delaney, are scheduled to appear in the Forsyth County Magistrate Court Tuesday for a preliminary hearing. Both are charged with first-degree arson and felony murder in the death of Smith’s husband, Michael Smith. He died in the couple’s home during a fire that started in the master bedroom on Oct. 22, 2010.

The committal hearing is also referred to as a preliminary hearing or a probable cause hearing, according to Forsyth County District Attorney, Penny Penn, “The scheduled hearing is held for defendants who are still in jail, who have not made bond or been given a bond.”

So far, Smith and Delaney have been denied bond and remain in the Forsyth County Jail.

The defendants are entitled to a bond and that the judge will have to set a bond if they haven't been indicted within 90 days of their arrest.

"I have told the court that it is my plan to indict this case before the 90 days is up," said Penn.

What can be expected at Tuesday's hearing?

“The standard of proof at a preliminary hearing is probable cause, whether the judge finds that there is probable cause that the defendant has committed this crime--and that is required to justify to continue to hold them in jail,” Penn added.

Forsyth County authorities arrested Smith of Cumming at a relative’s house and Delaney of Township Circle, Alpharetta who was in Baton Rouge, LA, on December 21, 2010.

Authorities reported during the night of Oct. 22, firefighters and sheriff's deputies responded to a blaze at the Smith home located at 5540 Kennemore Dr. in the Shepherd's Pond subdivision. When they got there they found the body of the victim, Michael Smith, in the master bedroom, where the fire started. According to investigators, Smith died as a result of the fire. Mrs. Smith and Delaney were both at the home during the blaze.

In a news release statement, Capt. Jason Shivers with the Forsyth County Fire Department said, "This has been a joint investigation between the Forsyth County Fire Department and the Forsyth County Sheriff's Office.”

What's happens next?

“The next step for us will be to get the entire file from the fire department, as well as, the sheriff’s office …we’ll review the case and prepare it for Grand Jury,” said Penn.