Twenty-five years would have been an extraordinarily long time to spend in prison for participating in burglaries at the age of 15. No wonder Lakeith Smith of Montgomery, Alabama, now 18, turned down the plea deal that could have kept him in jail past the age of 40. But entrusting his fate to the court resulted in a sentence more than twice as long: a staggering 65 years. It’ll be 20-25 years before he can seek parole.
What set of facts could have led to this outcome?
Five people broke into two homes in Millbrook on Feb. 23, 2015. Smith was part of that group. Millbrook police officers responded to a call of a burglary in progress. One of the co-defendants began shooting at an officer as he entered the home. Testimony brought out that several of the co-defendants fired at the officer. The suspects left the home and ran into the backyard, still firing at the officer.
A’Donte Washington, 16, also of Montgomery, ran out of the backyard through a gate in the privacy fence. Police officer body camera footage played in court during Smith’s trial showed he was armed with a .38-caliber revolver. Washington ran toward another officer, pointing the gun at the officer, the footage shows. The officer fired his sidearm four times, striking and killing Washington.
Under Alabama’s accomplice law, Smith could be charged with not only burglary and theft but felony murder. The basis for the murder charge: Washington’s shooting, although the officer who killed Washington—whose name was never released—was cleared of all wrongdoing.
Alabama's accomplice law states that a person is legally liable for the behavior of another who commits a criminal offense if that person aids or abets the first person in committing the offense. It wasn't immediately known how many states have similar statutes.
It’s so very Alabama: Smith was convicted of aiding a murder even though the perpetrator was not a co-defendant and a grand jury found Washington’s death was not murder.
"The officer shot A'donte, not Lakeith Smith," Smith's lawyer, Jennifer Holton, said during the trial. "Lakeith was a 15-year-old child, scared to death. He did not participate in the act that caused the death of A'donte. He never shot anybody."
Everything from the law to prosecutorial discretion and judicial leeway went against Smith. Here’s to a successful appeal.
