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Man sentenced to 13 years in death of Campbell man
YOUNGSTOWN
Jerry Smith Sr. will spend the next 13 years behind bars for the March 2011 murder of a Campbell man after an argument at a party on the East Side.
Smith Sr., 54, of Tremble Avenue, Campbell, appeared before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court on Tuesday for sentencing on involuntary manslaughter with a gun specification and tampering with evidence. He had pleaded guilty to the charges under an earlier plea agreement.
Smith is represented by Atty. J. Gerald Ingram.
Smith had initially been charged with murder until agreeing to enter into the plea agreement with prosecutors in the shooting death of Tyler Simpson, 20, of Dover Street Southwest, Warren.
Simpson was found dead on the sidewalk outside a Kimmel Street home on Youngstown’s East Side.
A witness told police Simpson was at the residence when an argument broke out among some of the people inside the house, and Smith brandished a handgun and started shooting.
Simpson reportedly went outside, and Smith followed, shooting Simpson once in the abdomen and once in the right side of the face.
Martin Desmond, an assistant county prosecutor, asked the court to impose the maximum sentence of 16 years in prison. That sentence would include 10 years for the manslaughter charge, three years for the gun specification, and three years for the tampering charge, all to run consecutively.
Desmond said the tampering-with-evidence charge stems from Smith attempting to hide the gun used in the shooting prior to the arrival of police.
Angela Porter, a friend of the victim’s family, spoke to the court on behalf of the family prior to sentencing. She offered Smith forgiveness and said there would be prayers for both families, and she hopes the Smith family will be praying as well.
“This is a tragic crime. We forgive the person for what happened, and I hope he gets rehabilitated because he will have to live with this for the rest of his life,” she said.
Smith addressed the court briefly, apologizing for the shooting.
“I apologize to the victim’s family for this tragedy,” he said. “I am truly sorry for what I have done. I have asked my God for forgiveness, but I can’t take back what is done.”
Members of both families could be seen shaking hands and exchanging soft words after the hearing ended.
Ingram told the court the appropriate sentence should be 13 years because the tampering charge should be run concurrently with the manslaughter charge for purposes of sentencing.
Judge Krichbaum acknowledged that a lot of letters had been sent to the court on behalf of Smith, and Smith has a minimal criminal record of one misdemeanor conviction, but said the court cannot be “shortsighted in an unbelievable act of violence” such as the deadly shooting.
Krichbaum did impose the maximum sentence requested by prosecutors, but took issue with a consecutive sentence on the tampering with evidence charge. He made the three-year sentence for tampering concurrent with the manslaughter sentence for a total of 10 years.
Smith will be credited for the 34 days he spent in the county jail before posting bond.