ELKWOOD, WV – A 21-year-old West Virginia man convicted of killing his family as a teenager has been granted a new trial after the state Supreme Court of Appeals overturned his convictions. Gavin Smith had previously been found guilty of murdering his mother, stepfather, and two younger brothers in a 2022 case that stunned the community.
The state’s highest court, in a 4-1 decision, determined that the trial judge made a significant error by improperly instructing the jury. The justices highlighted that Smith, who was a minor at the time of the killings, was incorrectly advised by the court that if found guilty of first-degree murder, he would automatically be eligible for parole after 15 years.
Gavin Smith was 16 when he shot and killed Daniel Dale Long, 37, Risa Mae Saunders, 39, Gage Ripley, 12, and Jameson Long, 3. The issue of jury instruction came to the forefront during the testimony of Rebecca Walker, Smith’s then-girlfriend. Walker, who was 17 at the time, had also faced murder charges. She made a deal with prosecutors, pleading guilty to being an accessory and agreeing to testify against Smith.
The confusion arose when Walker mentioned her potential life sentence, leading the prosecution to worry that jurors might misunderstand the consequences Smith faced, believing he might only serve a 15-year sentence. This prompted the trial judge to clarify to the jury that Smith faced a possible life sentence but would have parole eligibility after 15 years.
Smith’s defense objected to this instruction, arguing that it diverted the jury’s focus from the facts of the case to the potential penalties. The defense contended that such considerations were not meant to influence a verdict.
The majority opinion from the court agreed with this perspective, asserting that jurors should not weigh in on sentencing matters, including parole prospects when determining guilt or innocence. The court noted a lack of legal basis for the state’s argument that Smith was not prejudiced by the jury’s instructions regarding sentencing.
In their opinion, the justices stated that the improper instructions could have reduced the jury’s hesitation about imposing a life sentence on a juvenile, thereby affecting their deliberations. The killing spree unfolded in December 2020 when Smith’s grandfather discovered the tragedy at the family’s home. Authorities concluded that the motive was rooted in a familial restriction placed on Smith, preventing him from seeing Walker, a situation Walker admitted to encouraging.
While Smith admits to the killings, his legal defense has centered around proving he didn’t have the intent required for first-degree murder. The decision to vacate his previous murder and firearms convictions paves the way for a new trial, leaving the community to grapple once more with the stark realities of the case.