One year after the death of Steven Oliver, George Smith has been sentenced to prison on the charges of manslaughter and use of a deadly weapon to commit a felony.
Smith appeared in Box Butte County District Court on Monday morning with his newly-appointed attorney, who was appointed to represent Smith after his trial attorney Kelly Breen submitted a motion to withdraw as counsel.
On May 3, the first day of his trial, Smith submitted a handwritten motion to dismiss Breen as his counsel, claiming he was ineffective. To close the motion, Smith wrote, “I want a lawyer that work for me.”
On May 11, Breen submitted a motion to withdraw as counsel, citing Smith’s allegations against him and a communication breakdown as reasons to withdraw. On May 17, at a hearing, Judge Travis O’Gorman allowed Breen to withdraw as counsel and appointed Stacy Bach to represent him.
At the sentencing on June 21, prosecutor Doug Warner emphasized that Smith has 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.”
Warner noted that Smith has a prior criminal record, and that it contained some violent misdemeanor offenses. He urged Judge O’Gorman to consider the evidence in the case and to consider a consecutive sentence.
Bach reviewed some of Smith’s criminal history and noted significant alcohol use throughout Smith’s history.
“I’m assuming that alcohol was part of the problem that night, according to what Mr. Smith has told me,” said Bach. “Having not been trial counsel in this matter, his blood alcohol was over a .2, as was the alleged victim in this matter.”
After reviewing the information found in the pre-sentence investigation, Bach encouraged Judge O’Gorman to consider the time he has served in jail and probation as a sentence. She explained that during probation, the court could order dual diagnosis to address some of the issues in Smith’s life.
“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.”
Judge O’Gorman sentenced Smith to serve not less than 18 years and not more than 20 years in prison for manslaughter, with credit for 368 days served. For the charge of using a deadly weapon to commit a felony, Judge O’Gorman sentenced Smith to not less than 12 years and not more than 20 years in prison, with the sentences to be served consecutively. Judge O’Gorman advised that Smith would be eligible for parole in 15 years, and would have a mandatory discharge in 20 years if he loses no good time.