Smith faced felony charges stemming from massive May 30, 2020, protests outside Philadelphia City Hall. He was accused of kicking a vacant police car and helping to flip it over. After someone fired a road flare into the vehicle, sending it up in flames, and as the fire roared, Smith was videoed throwing a piece of paper into the blaze. Smith pleaded guilty earlier this year to one felony count of obstructing law enforcement during a civil disorder, which included aiding and abetting an arson.

Earlier this year, two others convicted of burning the police car had been given five-year sentences. Smith’s sentence fell short of the 30 to 36 months the federal prosecutors sought. However, he along with the two others must pay $28,000 to replace the police car.

Before Sánchez issued his sentencing decision, Smith’s attorney Paul Hetznecker argued for a lower level in the federal sentencing guidelines based on experts’ studies he presented showing that any paper Smith threw into an already inflamed vehicle should not constitute “arson.”