After serving a little more than 18 months of a 30 to 40 year sentence, George Smith, 69, of Alliance, died on Dec. 30 at the Reception and Treatment Center.
The Nebraska Department of Correctional Services announced Smith’s death on Dec. 30, noting the cause of death has not been determined. Following protocol, a grand jury will conduct an investigation into Smith’s death.
Smith began serving his sentence on June 21, 2021 after being found guilty of manslaughter and use of a weapon to commit a felony in the death of Steven Oliver on June 19, 2020.
At his sentencing in 2021, prosecutor Doug Warner argued for Judge Travis O’Gorman to issue Smith a prison sentence, noting Smith had not taken responsibility for the crime.
“During his testimony, he made no claim that he was acting in self defense, or that he was protecting himself, anything like that,” said Warner. “He maintains that he did not cause the death of Mr. Oliver, and that’s contrary to all the evidence in this case.”
Smith’s attorney Stacy Bach at the sentencing said that Smith proclaimed his innocence throughout the proceedings, arguing for the court to take into consideration the jury’s verdict following a trial.
“He proclaims he’s innocent, and he’s proclaimed his innocence to me throughout these proceedings,” Bach said. “I believe he did to Mr. Breen as well. Something in that testimony showed this jury that it wasn’t second degree manslaughter, it was involuntary in whatever way. I think that’s huge, and I think it’s huge for this court to consider that a jury said he shouldn’t go to prison, not that they know the prison terms, 20 to life, but that he should have an opportunity at probation by giving him that involuntary manslaughter. I’m asking the court to take that into consideration.”
Before receiving his sentence, Smith emphasized his innocence, claiming unfair treatment during the trial.
“I did not kill Steven Oliver,” said Smith. “I do not feel that the jury was presented all the, I think there was evidence suppressed, that was presented at trial. I think my being on the stand for 25 minutes for a murder trial was kind of like ridiculous. I think my appointed attorney at the time was acting as a part-time prosecutor for the prosecution.
“I do not think I had a fair trial at all” said Smith. “I do not feel that all the evidence was reached. My attorney would not bring up the facts. I gave him the facts. He wouldn’t bring them up. He deliberately sold me down the river, literally. Why, I don’t know. I don’t think I got a fair trial at all.”
Judge O’Gorman disagreed with Smith, noting he believes he killed Oliver.
“This was nothing more than a brutal, violent attack that resulted in the death of another,” said Judge O’Gorman. “You say you didn’t kill Mr. Oliver—”
“I did not,” Smith interjected.
“I believe that you did,” Judge O’Gorman said. “The jury believed that you did and I think the evidence in that regard was overwhelming. Anything less than a period of incarceration would depreciate the seriousness of the offense and promote a disrespect for the law.”
Smith appealed his conviction in 2022, raising issues related to a motion to dismiss his appointed trial counsel, Kelly Breen, a question asked by the jury during deliberations, the sufficiency of evidence and the imposition of an excessive sentence.
The Court of Appeals affirmed Smith’s convictions for intentional manslaughter and use of a deadly weapon to commit a felony, upholding the corresponding sentences in March 2022.