Clemency (Alternative Sentencing) for Brian Smith
The Issue
Please sign this petition asking Governor Jay Inslee and the Washington State Clemency and Pardons Board to commute Brian Smith's sentence to the Parenting Sentencing Alternative.
Brian Smith is a loving husband and father of 5 children. Brian had no criminal history (no DUIs, etc) prior to an accident in December 2014 and no violations during the 6 years after the accident. Brian is a good man who has given to his community for years by coaching youth athletes in various sports. He has served others in his church community, and helped his greater community members who have needed help with various projects. Brian has always been this person and continues to be this person after the accident. Brian is hard working and was the sole provider for his family of seven. He is an amazing son, brother, father, uncle, and friend.
Brian was involved in a fatal car vs motorcycle accident in December 2014. Brian was like so many of us and had a 16 oz. beer earlier in the evening. In Washington State the legal limit is .08 Brian believed he was fine. In hindsight, how does anyone really know? It was a dark rainy night, Brian was on his way home from a dinner with his family. Brian slowed down and prepared to make a left turn, waiting for an oncoming car. The car passed and Brian started his turn. He did not see a motorcyclist who was trailing the car. During the trial, the person driving behind Brian for several miles prior to the accident, reported that Brian was not driving erratically or swerving. He believed Brian slowed down and made the turn just as he would have. That driver happened to be a military police officer and stated under oath that he was close to Brian after the accident and did not believe Brian to be under the influence. Talking with EMTs who checked Brian and cared for the victim, they also did not believe Brian was under the influence. They stated that Brian had been caring for the victim prior to their arrival and Brian asked them if there was anything he could do to help. In November 2016, Brian was convicted of vehicular homicide and obstruction. He was given a sentence of 78 months (6.5 years). In Washington State, vehicular homicide is considered a violent felony which means the minimum sentence a judge can give is 6.5 years in prison.
During the sentencing Judge Snyder said this about Brian, “I have no doubt in my mind that he is the type of person that everyone wishes their sons would grow up to be in the terms of the way he has lived his life”. The judge talked about the Parent Sentencing Alternative but stated that because of Brian's conviction being categorized as a violent felony, he as the judge must follow the law. This accident was not malicious or premeditated. Brian is not a threat to society. Judge Snyder also said, “There’s little need for rehabilitation for Mr. Smith, and isolation in prison by itself will not likely make the community safer. Restitution to the victim's family will never make up for their loss but Mr. Smith will have time to try everything in his power to make what restitution he can. He has expressed today that he is willing to do that if he can.” After the trial, Brian's lawyers spoke with the jury. The question from the jury was why there couldn’t have been a lesser charge which would allow for a lesser sentence.
Judge Snyder allowed Brian to remain out on bail following his sentencing. The condition was that he could remain out while he appealed his conviction. Unfortunately for Brian and his family, the final appeal in the US Supreme Court was denied. Brian was remanded into Washington State Department of Corrections custody on Oct 28, 2020 to begin serving his sentence of 6.5 years.
During the last few months, Brian was able to meet with several of the victim's family members. They met at a park and talked for hours. Brian was able to express to them how sorry he was for being involved in such a tragic accident. The victim's family shared with Brian that they had forgiven him and they understood this was a terrible accident that has affected not only one family but two. With these meetings, both side are beginning to heal.
The gravity of this devastating event, the death of a man in December of 2014, weighs on Brian everyday. He has been remorseful since the night the accident occurred. He understands that he has been convicted of a crime and with that conviction there needs to be a punishment. However, we are asking that his sentence be commuted to the Parenting Sentencing Alternative for the following reasons.
Brian is not a risk to the community (words stated by the judge at sentencing).
Brian has no criminal history (DUI, etc.) prior to the accident and no violation in the six years after the accident.
Brian is the sole provider for his wife and five young children. Brian's family will suffer significant hardships (financial, mental, emotional, etc.) without their father.
Brian is an honorable man who would like to begin paying restitution to the victim's family as soon as possible.
Please join us in signing this petition asking Governor Jay Inslee and the Washington State Clemency and Pardons Board to consider commuting Brian Smith's sentence to the Parenting Sentencing Alternative.
** The quotes from Judge Snyder have been taken from court transcripts of the sentencing hearing.
4,771
The Issue
Please sign this petition asking Governor Jay Inslee and the Washington State Clemency and Pardons Board to commute Brian Smith's sentence to the Parenting Sentencing Alternative.
Brian Smith is a loving husband and father of 5 children. Brian had no criminal history (no DUIs, etc) prior to an accident in December 2014 and no violations during the 6 years after the accident. Brian is a good man who has given to his community for years by coaching youth athletes in various sports. He has served others in his church community, and helped his greater community members who have needed help with various projects. Brian has always been this person and continues to be this person after the accident. Brian is hard working and was the sole provider for his family of seven. He is an amazing son, brother, father, uncle, and friend.
Brian was involved in a fatal car vs motorcycle accident in December 2014. Brian was like so many of us and had a 16 oz. beer earlier in the evening. In Washington State the legal limit is .08 Brian believed he was fine. In hindsight, how does anyone really know? It was a dark rainy night, Brian was on his way home from a dinner with his family. Brian slowed down and prepared to make a left turn, waiting for an oncoming car. The car passed and Brian started his turn. He did not see a motorcyclist who was trailing the car. During the trial, the person driving behind Brian for several miles prior to the accident, reported that Brian was not driving erratically or swerving. He believed Brian slowed down and made the turn just as he would have. That driver happened to be a military police officer and stated under oath that he was close to Brian after the accident and did not believe Brian to be under the influence. Talking with EMTs who checked Brian and cared for the victim, they also did not believe Brian was under the influence. They stated that Brian had been caring for the victim prior to their arrival and Brian asked them if there was anything he could do to help. In November 2016, Brian was convicted of vehicular homicide and obstruction. He was given a sentence of 78 months (6.5 years). In Washington State, vehicular homicide is considered a violent felony which means the minimum sentence a judge can give is 6.5 years in prison.
During the sentencing Judge Snyder said this about Brian, “I have no doubt in my mind that he is the type of person that everyone wishes their sons would grow up to be in the terms of the way he has lived his life”. The judge talked about the Parent Sentencing Alternative but stated that because of Brian's conviction being categorized as a violent felony, he as the judge must follow the law. This accident was not malicious or premeditated. Brian is not a threat to society. Judge Snyder also said, “There’s little need for rehabilitation for Mr. Smith, and isolation in prison by itself will not likely make the community safer. Restitution to the victim's family will never make up for their loss but Mr. Smith will have time to try everything in his power to make what restitution he can. He has expressed today that he is willing to do that if he can.” After the trial, Brian's lawyers spoke with the jury. The question from the jury was why there couldn’t have been a lesser charge which would allow for a lesser sentence.
Judge Snyder allowed Brian to remain out on bail following his sentencing. The condition was that he could remain out while he appealed his conviction. Unfortunately for Brian and his family, the final appeal in the US Supreme Court was denied. Brian was remanded into Washington State Department of Corrections custody on Oct 28, 2020 to begin serving his sentence of 6.5 years.
During the last few months, Brian was able to meet with several of the victim's family members. They met at a park and talked for hours. Brian was able to express to them how sorry he was for being involved in such a tragic accident. The victim's family shared with Brian that they had forgiven him and they understood this was a terrible accident that has affected not only one family but two. With these meetings, both side are beginning to heal.
The gravity of this devastating event, the death of a man in December of 2014, weighs on Brian everyday. He has been remorseful since the night the accident occurred. He understands that he has been convicted of a crime and with that conviction there needs to be a punishment. However, we are asking that his sentence be commuted to the Parenting Sentencing Alternative for the following reasons.
Brian is not a risk to the community (words stated by the judge at sentencing).
Brian has no criminal history (DUI, etc.) prior to the accident and no violation in the six years after the accident.
Brian is the sole provider for his wife and five young children. Brian's family will suffer significant hardships (financial, mental, emotional, etc.) without their father.
Brian is an honorable man who would like to begin paying restitution to the victim's family as soon as possible.
Please join us in signing this petition asking Governor Jay Inslee and the Washington State Clemency and Pardons Board to consider commuting Brian Smith's sentence to the Parenting Sentencing Alternative.
** The quotes from Judge Snyder have been taken from court transcripts of the sentencing hearing.
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Petition created on November 23, 2020