The June 2019 Dorie Miller Park shooting and killing of Alaisia Moét Smith resulted in a 20 year sentence for Edward Smith-Allen in the Greenbrier County Circuit Court on Monday, January 31.
Author’s note – this article contains descriptions of a shooting. Please be advised before reading.
As explained in a December plea hearing for the case, as part of the deal, both the prosecution and the defense recommended the maximum possible sentence for two charges – voluntary manslaughter and wanton endangerment with a firearm.
At that time, Greenbrier County Prosecuting Attorney Patrick Via explained the first degree murder indictment “were to proceed to a jury consideration [trial] as the lesser offense of voluntary manslaughter, the state would expect that the evidence would be that on June 7 2019, Edward A. Smith-Allen, by the use of a firearm, shot and killed Alaisia Smith. … The state further expects that the evidence of intent to kill would largely be inferential. That means as there’s some, but little, evidence of direct intent or direct evidence of intent.”
On Monday, Greenbrier County Circuit Court Judge Jennifer Dent explained the role of the court in accepting or denying the plea agreement.
“[I would] remind everyone that the court’s role in accepting or rejecting the agreement is not to make a formal adjudication of guilt beyond a reasonable doubt on the charge to which the defendant is willing to plea, nor is it to determine whether the defendant is innocent of the charge,” said Dent. “ … The court’s role, as far as the defendant is concerned, is to ascertain that the plea is voluntarily and intelligently made and that the defendant understands the consequences [of the plea]. The court must also determine if the plea agreement is under and within the fair administration of justice. Therefore, I thoroughly reviewed and analyzed the statements placed on the record regarding the state’s evidence in this case, the thoroughness of the investigation, .. and the very detailed reasons provided by Mr. Via for proposing the plea, as well as the acknowledgments of his office of its obligations and responsibilities to the community as a whole.”
For more on Via’s statements, and the defense response, see “Dorie Miller Park Shooting Plea Deal Remains In Question” at wvdn.com/23600.
After ample consideration, Dent explained her decision to accept or reject the plea.
“After careful consideration and review of the statement from counsel for the state, counsel for the defendant, the defendant, the family and friends of the victim, I must say that the loss of the life of Alaisia Smith is a tragedy, not just for the family, but for this community as a whole,” Dent said. “However, in light of the entire criminal event on June 7, 2019, … I do conclude that the plea agreement does allow the court to dispose of the case that is proportionate to the seriousness of the criminal charges and the character of the defendant. It is a plea agreement that the attorneys, as offices of this court, have strived to and administered a fair and equitable resolution to the balancing of the scales of justice. Therefore, Mr. Smith-Allen, … I’m going to accept both your oral and written plea of no contest to the felony offense of voluntary manslaughter and I hereby adjudge you guilty. … I’m also going to accept your oral and written plea of guilty to the felony offense of wanton endangerment involving a firearm and I hereby adjudge you guilty.”
The hearing immediately moved into sentencing, as planned by Dent in December. Dent approved the sentencing recommendations contained in the plea agreement, where both the defense and prosecution advocated for the maximum allowable sentence for both offenses. This includes 15 years for voluntary manslaughter and five years for wanton endangerment. These two sentences cannot be served at the same time, meaning the deal pushes for Smith-Allen to serve a determinate sentence of 20 years.
This phase of the hearing allowed for Smith-Allen and the victim’s family to speak, offering their input in favor of a harsher or lighter sentence.
Smith-Allen himself spoke, but did not request any deviation from the plea agreement.
“For the past two and a half years [I’ve been incarcerated], I’ve thought about how I was going to look these people in their face and say everything. How I killed their daughter. I can only say that I apologize for the situation that occurred. If I could do it over [I would]. I never meant for nobody to be harmed. If I could trade places with her, if there was a choice so she could be here, I would do that 1,000 times over. That’s all I can say.”
The probation department report also noted, as explained by Dent that Smith-Allen disclosed “to the probation officer of this court that, following the witnessing a shooting as a teen, that Mr. Smith-Allen did carry a firearm on a regular basis as a teen and, by his own admission, would dry fire the firearm with friends, in the form of playing around. I will note the recklessness of the conduct.” The report continued to note Smith-Allen had a history of alcohol and marijuana use as a teen. Before the hearing, he had also already served 979 days of incarceration, which he was given credit for in the 20 year total sentence.
Denise Howard, Alaisia Smith’s mother, spoke in opposition to the plea deal in the December hearing, wanting the state to push for a trial and potential first degree murder charges. However, in Monday’s hearing, Howard focused on explaining the damage the incident has done to her family. Her full comment to the court follows:
“I could go on and on about [Alaisia’s] childhood and what a great baby, kid, and adult she was. Amazing would sum it up. She was simply amazing and a blessing. I’m here to share the hard days I’ve had since she passed away and the hard days yet to come. She never got to wear her cap and gown to graduation. It hangs in a closet in our house with hundreds of signatures on it. The signatures are a reminder that she never, ever made it across that stage.
“Alaisia wanted to be a [registered nurse] and she would’ve been a dammed good one. She was so loving and nurturing. She loved children, one day I hoped to hold [her child] in my arms. I will never get to do that. She would have been a great mother and a great wife to someone. [Edward Smith-Allen] took many things that will never be returned.
“He took our only daughter. He took a daughter, a sister, a granddaughter, a cousin, and a niece, all who loved her very, very much. All of those lives have been changed forever. [Smith-Allen] not only took her life, but many lives along with her. Family gatherings are not the same. There’s a huge heaviness that [everyone can feel]. The elephant in the room that is mostly ignored, but deeply felt.
“Her father [Walter Smith] and I currently battle everyday. Our physician is trying to diagnose us with [Post Traumatic Stress Disorder]. We both take medicine to sleep and just try to get through the day. We both have nightmares on a regular basis. When we do sleep, we wake up with a pain that will never, ever go away. Each one of us has a hole in our soul that we will never live without for the rest of our lives, forever changed. I can no longer handle being around large crowds due to my anxiety. I get overwhelmed. I now attend therapy when needed. I can certainly say that Edward Smith-Allen took my life, her father’s life, and her brothers’ lives.
“Our little family isn’t complete anymore. My only daughter was taken, for what? I’m so lost every day just trying to find my way around. I could go on for hours, so I’ll say this. He took my baby girl, her future, our future, and put a gun under her head, pulled the trigger and with one fatal shot. Guns kill people for a person who doesn’t value others’ lives. Guns really don’t kill people, people kill people.
“[Smith-Allen] murdered our daughter and in that moment, our lives changed forever. We had no choice. He left us drowning in a sea of sorrow we will forever be in. Thank you for your time.”
Smith’s obituary reads “Alaisia was born February 21, 2002 in Low Moor, VA. The daughter of Denise Renee Howard and Walter Thomas Smith. She was an 11th grader at Greenbrier East High School and participated on the basketball and track teams as a student. Alaisia attended Bethesda Church in White Sulphur Springs. She worked as an escape room attendant and babysitter at the Greenbrier Hotel.”
The hearing concluded shortly after Howard spoke and Smith-Allen was taken to continue serving his sentence.
