
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, May 3, 1995                   TAG: 9505030051
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE:                                 LENGTH: Medium

MAN SENT BACK TO PRISON FOR ASSAULTING HIS WIFE

A Roanoke man who received a 10-year sentence for setting a house fire that killed his girlfriend in 1987 was sent back to prison Tuesday for assaulting a woman he married after being released on parole.

Willie L. Smith, 48, was sentenced to an additional 10 years for violating his probation, according to Assistant Commonwealth's Attorney Joel Branscom, who prosecuted Smith on the murder charge seven years ago.

The sentence will run consecutively with a 12-month jail term Smith received for the assault of Sheryl Smith, whom he married after being released from prison in 1992.

Sheryl Smith suffered a broken jaw in an attack by her husband in December, Branscom said. Smith was charged with malicious wounding, but the charge later was reduced to assault and battery.

Branscom cited similarities in the murder and assault cases in arguing that Smith should be sent back to prison. "Now we're seeing the same thing happen again," the prosecutor said.

In 1988, Smith pleaded no contest to second-degree murder in the death of Ernestine Bentley, who died in a fire at their home on Harrison Avenue Northwest.

Testimony at the time showed that Smith and Bentley quarreled while drinking with friends the morning of Dec. 4, 1987.

A witness heard Smith say, "I'll fix you," and then saw him pour a liquid from a jar on or around Bentley, push her into a bedroom and slam the door shut. Seconds later, flames broke out.

Bentley suffered second- and third-degree burns, and died of smoke inhalation. At the time, Smith said he was too drunk to remember much about what happened.

Roanoke Circuit Judge Clifford Weckstein sentenced Smith to 20 years in prison, with 10 years suspended. Smith now will have to serve the suspended portion because of the probation violation.

Public Defender Ray Leven had asked for a lesser sentence. He called witnesses to say that Smith has become a good worker and adjusted well to life since his release from prison.

by CNB