By Sarah Stephens
Elmore Autauga News
Top photo of Lakeith Smith is a recent one, from when he was brought back to Elmore County Jail for court. Credit Elmore County Jail.
In February of 2015, Lakeith Antwon Smith, and four other accomplices were on a 48-hour crime spree, that came to an end when they broke into a home in Millbrook, armed with guns, attempting to commit burglary.
Neighbors in the Silver Point neighborhood called in suspicious activity, and Millbrook Police arrived. One officer entered the home and immediately began taking gunfire, the bullets narrowly missing him. Meanwhile, a second officer went to the side of the house, and was met by A’Donte Washington, 16, who was holding a gun and aiming it at the officer. The officer fired his weapon and Washington died.
One person was taken into custody in a vehicle parked in the driveway, that officers at that time described as the lookout. Three others, including Smith, fled over a fence in the back yard, but were soon taken into custody.
Other than Smith, the accomplices were Le’Anthony Shermandez, Jaderrian Deshawn, and Jhavarske Jackson.
All four were charged with felony murder for A’Donte Washington’s death, as well as two counts of first-degree burglary, first-degree theft and second-degree theft. Jackson had an additional charge of attempted murder for firing at the officer who entered the house.
The murder charge for all four is related to A’Donte Washington’s death is due to an Alabama Law that that states individuals who assist, encourage, or facilitate a criminal offense can be held legally responsible as accomplices. Even if someone did not personally carry out a crime, they can still face charges for their role in helping another person commit the crime. While Smith and his accomplices did not fire the shot that killed A’Donte Washington, it was their crimes that brought about the event.
Eventually, the Millbrook Officer was cleared of any wrongdoing, as his body camera clearly showed Washington running out of a gate coming towards him with a gun pointed in the officer’s direction.
Lakeith Smith turned down a plea agreement where he would have served 25 years on all charges. The three remaining accomplices accepted the plea deal for 25 years.
Smith went to trial and was found guilty. Judge Sibley Reynolds sentenced him to 65 years in prison. That was later reduced to 30 years in prison after a resentencing hearing in 2023.
Smith was back in court this morning with his defense attorney Gabrielle Humber, before Judge Reynolds. Smith’s defense is requesting an appeal to the 2023 30-year sentence though Humber admitted the defense failed to ask for an appeal before time ran out. In court, she told the judge it was filed two days after the deadline had passed.
She said there are arguments that due to the defense attorneys’ error in filing on time, Smith deserves a new hearing.
Sibley heard arguments from Humber, as well as prosecutor Josh Cochran, and recessed the court proceeding until he renders a decision.
District Attorney CJ Robinson said that decision could come, perhaps, in the next couple of weeks, at the judge’s discretion. We will follow up when that decision is issued.
DA Robinson summed up today’s hearing saying, “Today was very procedural in nature. The gist of what happened today, basically 10 years ago, we had a trial on felony murder where Mr. Smith was prosecuted and convicted on felony murder. At that time there was an appeal to the Court of Criminal Appeals, which said a portion of his sentence had to be concurrent rather than consecutive.”
In that first appeal, the original charges were changed to run concurrently, rather than consecutive. This dropped the sentence to 50 years.
In 2023, A motion was filed based on the ineffective assistance of defense council. At the conclusion of that hearing, the new sentence was 30 years, which included the eight years Smith had already served.
“Today’s hearing was about that particular order from 2023. The defense attorneys on the case failed to appeal to the Court of Criminal Appeals within the allotted window of time to appeal that sentencing order. They are asking the judge to open up that window that they failed to file another appeal.”
The judge will review the arguments and the documents from today.
Robinson said the defense believes a 30-year sentence is cruel and unusual punishment and violates Smith’s due process.
Today’s hearing was the defense’ attempt to get a new post-conviction relief hearing, under what is known as Rule 32.
“Typically, in Rule 32, you have one opportunity to raise all these issues. Their argument was that since it was a new sentence (in 2023), they want a new appeal, even though they missed the window to file,” Robinson said.
