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Friday, August 02, 2002

Murder conviction in shooting averts chance of death penalty




By Marie McCain, mmccain@enquirer.com
The Cincinnati Enquirer

        A 52-year-old Over-the-Rhine man has been spared the death penalty.

        A Hamilton County jury Thursday afternoon convicted Gary Smith of 10 counts, including murder, felonious assault and attempted murder in the May 2001 shooting of four men — one fatally — near his home.

        Jurors deliberated for three days in the capital murder case against Mr. Smith, but convicted him of the lesser murder charge in the May 14 death of Jimmie Gordon, 29. He also was convicted in the shootings of Jeff King, 26; Andre Ridley, 36; and Steve Franklin, 22, who survived.

        Mr. Smith was acquitted on one count of attempted murder in the case of Mr. King.

        Mr. Smith lived in the 400 block of 12th Street at the time of the shooting.

        Acting as his own co-counsel during the four-week trial, he claimed that he'd endured a significant amount of harassment from “thugs” in the neighborhood. He also said he'd been robbed the day before the shootings, but said police failed to believe him. He pointed out three men who he claimed stole money from him, but they were not arrested.

        Prosecutors argued that Mr. Smith's story was not credible.

        A day after he claimed he'd been robbed, Mr. Smith shot the four men, prosecutors said, out of revenge and retaliation. However, officials said, the four were not the men he'd claimed robbed him.

        Mr. Smith could be sentenced to life in prison when he returns for sentencing before Hamilton County Common Pleas Judge Robert Kraft Sept. 12.

       



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