The prosecution argued for Smith receive the maximum sentence, according to Montgomery County Common Pleas Court documents.
“Based upon the facts of this case, defendant’s lack of remorse, and defendant’s criminal history, no less than 53 years to life is warranted,” read a sentencing memo filed by the prosecution. “If the court is inclined to consider a sentence less than maximum, the state strongly urges the sentence be no less than 42 years to life.”
However, Smith’s defense team countered the court should order him to serve sentences on the charges at the same time instead of consecutively.
“Not a single person testified that he or she witnessed Mr. Smith shoot anyone,” the defense wrote in court documents. “Not a single witness testified that they saw anyone shoot Clarence Brown. The single witness who claimed to have ‘looked the man in the eyes who crossed Danner Avenue onto Bancroft Street’ identified someone else (filler in photo lineup) and described the physical characteristics of another person.”
Just before 3 a.m. on Dec. 5, 2019, Smith reportedly shot and killed Harris and injured another man outside Rick’s Jazz Club on Lakeview Avenue.
Approximately eight hours later, at 10:10 a.m., Brown was shot outside the Save Food Super Market on Germantown Street. He was transported to the hospital, where he died of his injuries.
Following Smith’s conviction earlier this month, the defense filed for a mistrial or new trial, claiming the defense did not receive and the jury did not see a video clip during the trial that the jurors said was essential to their decision, according to the court records.
In a decision to overrule the defense’s motion, Judge Susan Solle wrote the “video was properly authenticated and entered into evidence. The fact that counsel had not viewed, or did not recall, one specific part of the video the jurors found interesting does not constitute a mistrial or warrant a new trial.”
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