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Cops Killed His Friend. A Judge Resentenced Him to 30 Years for the Murder.

After spending 8 years in prison, LaKeith Smith finally landed a resentencing hearing for his felony murder charge. The judge didn’t change much.
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LaKeith Smith’s family was hoping he would come from prison Tuesday. Instead, they watched as he was led away in handcuffs again, not to be released until he is 45.

Smith was first locked up at 15 and has already spent 8 years behind bars. After being convicted of the felony murder of his friend—who was actually shot and killed by an Alabama police officer—Smith has been at the center of a years-long campaign to have his case heard again. After his new attorney successfully convinced the court that some evidence may not have been heard in his original trial, Smith was finally back in the Elmore County court before Judge Sibley G. Reynolds—the same judge who originally gave him a 55-year sentence in 2018.

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But after an afternoon of testimony, the judge made his decision in a brief pronouncement: He would only be changing the format of Smith’s sentences, not the sentences themselves. Smith will still spend a total of 30 years in prison. 

Though technically a reduction in time, the new sentence did not feel like justice for many of Smith’s supporters, including Andre Washington, the father of the boy killed by police. He doesn’t blame Smith for the death of his son; he blames the officer who shot and killed him. 

Washington said that he was having a hard time believing what the judge had done. Like many of Smith’s other supporters, he thought that the trial, which involved detailing Smith’s family’s dealings with domestic violence, run-ins with the law, and poverty, amounted to a public humiliation for no reason.

“Like [the judge] just wanted him to just break down and cry. Like you just want to break him or something. You’re just whipping him, you just keep whipping, you know?” he said. “He was only 15 years old.”

“Like you just want to break him or something. You’re just whipping him, you just keep whipping, you know?”

Felony murder is a legal doctrine that allows someone to be charged with murder—even if they weren’t the one to actually kill anyone—during the commission of a felony. In Smith’s case, the police were called on him and four of his friends while they were attempting to steal items such as televisions and Xbox games from a home when its owners were away. When police arrived, the boys attempted to flee. Washington—who, like most of the other boys, was armed—was running out of the house when a responding officer intercepted him and shot and killed him.

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The other boys took plea deals and received between 17 and 28 years. Smith, despite being the youngest of the boys charged, still has the longest sentence of the group.

Smith’s sentences, which included burglary, were previously mandated to be served mostly back-to-back, with the clock on one sentence to start only after another sentence had completed, adding up to a total of 55 years. Now, all sentences will be served simultaneously.

Smith's total time to be served now defaults to the length of his longest single sentence, that of felony murder, which is 30 years.

Most of Tuesday’s hearing was spent listening to those testifying on behalf of Smith. An expert witness described at length her psychiatric evaluation of Smith, detailing developmental challenges during his childhood that went undiagnosed until his imprisonment. She also testified to the work Smith had done to improve since his sentence began: maintaining a clean record in prison, despite being in one of the most violent and overcrowded systems in America; turning down medication in favor of concentrating on counseling and therapy; and working to get his GED.

Family members and supporters, including Andre Washington, also took the stand. 

He said he felt that the 8 years Smith has already served was a long enough punishment and that he should be able to come home.

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Instead of questioning Washington, District Attorney CJ Robinson stood up and told Washington that he was sorry for the death of his son. Washington acknowledged him and left the stand.

During closing arguments, Smith's lawyer recommended that he receive time served and be released, but the DA cited a policy of not giving less than the original plea offer, which was 25 years. Judge Reynolds responded with a modified sentence that would still leave Smith behind bars until he’s in his 40s.

There were subdued gasps and murmurs in the courtroom as the reality set in. “You dirty bigoted judge!” shouted one woman, one of few white people in the nearly all-black group of supporters in the courtroom. She then directed her frustration at the district attorney: “How dare you call yourself a Christian?”

A group of black supporters approached the woman, asking her to calm down as she continued to yell at the bench, reminding her that there were young children present. 

As she shouted, LaKeith Smith’s mother BronTina walked behind her, out of the courtroom, her face blank and expressionless.

Nearly everyone else walked out of the building, many fighting tears.

Standing outside, a group of supporters stood around BronTina Smith. She was able to thank the supporters who had traveled to be with her, but after a few words, she fell silent, crying, as friends and family held her. Others stood in a half-circle, speaking at once to reporters and also to one another, vowing to continue to fight for Smith.

Parole could be a possibility in the future for Smith, though it may be years before he is eligible. And given that last year the Alabama Board of Pardons and Paroles rejected 90% of all eligible cases, Smith stands to remain locked up for a long time.

But Leroy Maxwell, Smith's attorney, says this isn’t the end of the road. He and the family plan to appeal the verdict. That involves taking the case to the state's attorney general, likely an even more difficult fight than what they’ve already faced, as this will involve challenging the doctrine of felony murder itself, which almost every state has.

“It’s about so much more than LaKeith,” he said, standing on the steps of the courthouse as the crowd began to head home. “There are too many brothers and sisters that are facing similar situations. LaKeith represents an entire system.”

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