Hamilton County Common Pleas Court Judge Patrick Dinkelacker sentenced Garey Smith, 54, Friday on six charges of felonious assault and illegally having a gun in the death of Jimmie Gordon three years ago. Dinkelacker imposed the maximum sentence.

A jury convicted Smith on the felonious assault charges two weeks ago. But jurors could not agree on a verdict on the murder count, prompting a mistrial on that charge. Dinkelacker has granted a prosecutor's office request that Smith be retried on that charge.

Smith is accused of fatally shooting Gordon and wounding three men in May 2001 in Over-the-Rhine.Smith was upset about a robbery the day before and has said he was acting in self-defense. Prosecutors and police say Smith targeted the wrong men.

"He continues to baffle me and shock me," said Assistant Hamilton County Prosecutor Gerald Krumpelbeck. "He shot the wrong guys, but still has no remorse."

Assistant Prosecutor David Prem told Dinkelacker: "If ever there was a poster child for receiving the maximum sentence, (Smith is it)."

In 2001, a Hamilton County jury convicted Smith on 10 charges, including murder, attempted murder and felonious assault. Judge Robert Kraft sentenced Smith to spend up to life in prison, with the chance of parole after 47 years.

The 1st District Court of Appeals overturned the conviction, saying Kraft wrongly denied Smith the chance to represent himself during his trial.

So the case came back to Common Pleas Court. This time, Smith hired private counsel.

The jury deliberated for more than two days, but was unable to decide the charges of murder and attempted murder, which forced the mistrial.

Smith's attorney, Bryan Perkins, said he would appeal Dinkelacker's new sentence, saying he believes the sentences should run concurrently, instead of consecutively. Had Dinkelacker imposed sentences on the charges concurrently, Smith would have faced a maximum 12-year prison stay.

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