White River Junction
The Vermont Attorney General’s Office has decided not to retry Gregory Smith, and earlier this month filed a notice of dismissal regarding the second-degree murder charge that could have provided the basis for a new trial.
Instead, Smith is slated for sentencing on the lesser offense of voluntary manslaughter, which a jury convicted him of in February. Jurors in the Windsor Superior Court trial last winter were deadlocked on whether to find him guilty of second-degree murder, a development prosecutors used to file a motion for a mistrial on that count. Judge Timothy Tomasi sided with prosecutors in a March order.
But in a new development, the state will no longer pursue the case.
Asked why the state decided to dismiss the charge, Assistant Attorney General Ultan Doyle said on Monday that it was an “internal decision.” He declined to elaborate.
In a September motion, Smith’s defense attorney, Jordana Levine, had asserted, among other arguments, that Smith’s rights not to be subject to double jeopardy would be violated if the case was retried.
The state never filed a response, and instead filed the motion to dismiss the charge on Nov. 7.
Smith was convicted of shooting and killing Wing on South Street near Jake’s Market in 2015 in what prosecutors described as an execution-style shooting that followed an argument between Wing and Smith’s girlfriend, Wendy Morris.
Police had said Wing, a father of four, was speaking out against drugs in his neighborhood just prior to the shooting.
Following a six-day trial, jurors convicted Smith of voluntary manslaughter, an offense that factors in sudden passion or provocation.
Doyle and Levine appeared in Windsor Superior Court for a short status conference on Monday. Smith was not present.
The lawyers and Tomasi had a brief conversation about the pre-sentence investigation report, which has been completed for six months. The report factors into a person’s sentence, and the judge asked if there have been any disciplinary actions taken against Smith while he has been in jail, to which Levine said “there may have been.”
The report, which is confidential, will be updated prior to Smith’s sentencing date, which hasn’t yet been set. Doyle said he suspects Smith’s sentencing will take place early next year.
Smith has another pending criminal case in Vermont. He is alleged to have assaulted a Marble Valley Regional Correctional Facility officer in April, about two months after he was convicted.
That charge still is pending in Rutland County, Doyle said.
A second-degree murder conviction carries a longer prison sentence than voluntary manslaughter.
Smith faces up to 15 years in prison and will have several years of pretrial credit.
A second-degree murder conviction would have carried a sentence of 20 years to life.
Wing’s widow, Sheila, told the Valley News in August that she hoped for a new trial, saying that would bring “some justice” to her and her family. Attempts to reach her on Monday were unsuccessful.
Smith, who grew up in Chester, Vt., and attended schools in Bellows Falls, has remained incarcerated since he was charged in April 2015.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.