Man sentenced to 11 months for killing brother

The plea agreement called for six months in jail.

WARREN — Charles Smith, who pleaded guilty to involuntary manslaughter for killing his younger brother at his family’s Kinsman Street Northwest home in April, has been sentenced to 11 months in Trumbull County Jail.

Charles Smith, 47, stabbed his brother Carl Smith, 29, killing him. Prosecutors offered Charles Smith a plea agreement that involved six months in jail, a treatment program at the Northeast Ohio Community Alternative Program in Warren and five years’ probation.

David Toepfer, an assistant county prosecutor, said family members wanted a more severe penalty. But there were no witnesses to the fight that left Carl Smith dead and Charles Smith bruised and semiconscious, and no way to prove family members’ suspicions that Charles attacked his younger brother without provocation.

Despite the plea agreement, Judge Peter Kontos ordered Charles Smith to serve 11 months in Trumbull County Jail in addition to the 5 1/2 months he has already served.

One reason, Judge Kontos said, is that NEOCAP refused to accept Smith into its four- to six-month program. Kontos also said he agreed with Naomi Rumple of Warren, one of Smith’s seven brothers and sisters, who spoke in court before the sentencing.

Wanted longer sentence

Rumple said she thought the six months of jail time in the plea agreement was “light” and asked that Charles Smith receive drug and alcohol counseling and be kept away from the Smith family.

“Naomi appears to be correct that six months is not enough,” Judge Kontos said before sentencing Charles Smith.

In addition to the jail time, Charles Smith will be evaluated by the Trumbull County Adult Probation Department, which will determine whether he would benefit from an alcohol and drug treatment program.

Judge Kontos also ordered Charles Smith to have no contact with his family members.

Jeff Smith, another Smith brother, said afterward the additional 11 months was “about as good as you could get,” short of taking the case to trial.

runyan@vindy.com