An additional count of felonious assault and an improperly discharging a firearm at or into a habitation and discharge of a firearm on or near prohibited premises charges were dismissed.
Walters will not be eligible for parole until he has served at least 32 years in prison.
He was facing a minimum of 26 years to life, with 20½ years to life for murder, four and a half years for the gun specification and at least one year for a repeat violent offender specification, according to sentencing memo filed by the defense. Under the repeat violent offender specification Walters could have received up to 10 years in prison.
Credit: Montgomery County Jail
Credit: Montgomery County Jail
In sentencing documents, the defense asked Walters that receive one year under the repeat violent offender specification, noting “Walters is 65 years old and if his appeal is unsuccessful he will likely die in prison before he even gets to his first parole hearing.”
The defense also requested the having weapons while under disability sentence and gun specifications also be merged.
The state asked for Walters to receive 37 years to life in prison because Walters had previously been convicted of multiple felonies, including attempted murder and aggravated robbery.
“The defendant has clearly shown that he is capable and willing to continue to arm himself with guns and senselessly use them to harm others,” the state wrote in a sentencing memo.
The charges stemmed from a July 26, 2021, shooting in an alley behind a Brandt Street home. Walters got out of a vehicle and shot at 45-year-old George Smith, according to Dayton Municipal Court records. Smith was reportedly shot in the back of the head and died on Aug. 10, 2021.
The defense argued Walters brought the gun in case Smith became violent and previously wrote Walters planned to claim he acted in self defense during the trial, according to court records.
The prosecution responded the evidence did not support a self defense claim and added video footage showed Walters shot at Smith while Smith had his hands up and was attempting to get away.
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