Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: TUESDAY, March 26, 1991 TAG: 9103260456 SECTION: VIRGINIA PAGE: B4 EDITION: METRO SOURCE: LAURENCE HAMMACK STAFF WRITER DATELINE: LENGTH: Short
Roanoke Circuit Judge Clifford Weckstein imposed a sentence that a jury had earlier recommended for Harry M. Smith, 51.
However, Weckstein allowed Smith to remain free on bond while the case is appealed.
In February, a jury convicted Smith of the second-degree murder of William Wade Gibson, a 34-year-old city social-services worker.
Testimony showed that Smith became angry at Gibson and several other guests during an all-night party Aug. 18 at his home on Longmeadow Avenue Northwest. After ordering his guests to leave at gunpoint, Smith shot Gibson in the chest as he was getting into a car to leave.
Smith did not testify during the trial, but took the witness stand Monday to apologize to Gibson's family.
"I didn't mean to kill anyone, and I'm very sorry that I did," he testified. Smith said he had been drinking and using drugs so heavily that night that he does not remember shooting Gibson.
Assistant Commonwealth's Attorney Alice Ekirch said Smith's actions at the time and his testimony Monday indicated that he "is not truly sorry for what he has done."
But defense attorney Barry Tatel asked Weckstein to keep in mind that everyone at the party that night was heavily intoxicated. "[Smith] was not the sole player in that scenario," Tatel said.
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