In 1993 my uncle, Kevin Smith, was found guilty of Felony- Murder (9-1 (a) (3)) premised on accountability for armed robbery. The murder conviction is from the results of a fatal car accident.  Despite that fact, the state sought the Death Penalty under 9-1(b). The same sentence they sought for John Wayne Gacy- the notorious killer who intentionally killed thirty- three (33) people. In Kevin's case, at the conclusion of both phases of the Death Penalty hearing, the trial judge determined that Kevin was "Death eligible but a mitigating factor", and subsequently sentenced him to a term of Natural Life without the possibility of parole, plus an additional thirty (30) years in prison. However, a closer inspection of the applicable law in Illinois demonstrates that Kevin was [not eligible] for the Death Penalty. None of the required statutory aggravating factors ("intent" or "knowledge") were present. In fact, in its deliberation, neither " intent " or " knowledge " were an issue of fact for the jury to consider reaching its verdict.  Therefore, the trial judge's " Death eligible " determination was wholly improper under Illinois law. Thus, the Natural Life without the possibility of parole sentence was imposed on the mistaken belief by the court that Kevin was " Death eligible ", - when in fact he wasn't. Equally egregious is the fact that the trial judge could not make a " factual finding " at the sentencing phase that the jury never deliberated on.
         To date Kevin has been incarcerated since April 13, 1991, more than thirty (30) years, for what was clearly an unintended car accident, albeit; a very tragic one. Inexplicably, Kevin has served more time in prison than people who have intentionally shot, stabbed, or bludgeoned someone to death. Of course, we are not dismissing the gravity of what occurred, but what Kevin has endured is simply not fair. He has always maintained his innocence. 

In July 2021 Governor Pritzker signed Senate Bill 2129, which allows prosecutors, at their discretion, to motion a sentencing judge to resentence incarcerated persons whose original sentence no longer advance the interest of justice. The law is effective January 1, 2022. 

Our family is asking for support. We need this petition to gain support not only locally but also nationally so that KIMBERLY FOXX and KWAME RAOUL can be made aware that Kevin Smith is entitled to the Resentencing Initiative. Kevin Smith deserves to be accepted immediately and be released. Today is the day to spread awareness, gain equality, and create restoration for our beloved Kevin Smith. Help us finally bring him home. Further information can be found below.
 

Also, please be aware that Kevin does not receive any contributions from the Change.org. platform. The Change.org contributions only spread awareness towards the platforms cause. If you would like to contribute to Kevin Smith directly, click on the Go Fund me link below. He appreciates any donations. If each person could donate at least $1.00- $20.00 it can have a tremendous outcome on this man's life to gain proper legal representation to win this battle.

https://gofund.me/26a94b72

GOD BLESS
 
PEOPLE VS SMITH
CASE NUMBER 91-CR-10926
KEVIN SMITH B-45636
2500 ROUTE 99 SOUTH
MOUNT STERLING, ILLINOIS 62353

https://www.facebook.com/profile.php?id=100075375377155

justicforkevinsmith1010@gmail.com