Prosecutor moves to abandon charges against dead defendant

The Garland County prosecutor on Tuesday moved to abandon local charges against a 17-year-old male who was killed by officers in North Little Rock early Sunday, according to court filings.

North Little Rock police on Wednesday released video from a patrol car's dashboard camera that showed the youth, Charles Edward Smith Jr., pulling out a gun and firing at officers. Police returned fire, killing Smith early Sunday, The Associated Press reported.

The North Little Rock police chief said he hoped to knock down "misinformation" that the 17-year-old wasn't armed and quell threats made against the agency by releasing the video, the AP reported.

Smith was charged locally with aggravated robbery, engaging in a continuing criminal gang, organization or enterprise, and aggravated assault for the robbery of a Subway sandwich shop in Hot Springs on Dec. 3, 2016.

Garland County Prosecutor Michelle Lawrence filed a motion in Garland County Circuit court on Tuesday to abandon the charges "due to the fact the defendant is deceased," according to the filing.

Even though he was 16 at the time of the offense, the prosecutor chose to file the case in the criminal division of circuit court. Smith's attorney, Willard Proctor Jr., later moved to have the case transferred to juvenile court.

Circuit Judge Marcia Hearnsberger denied the motion to move the case to juvenile court, and Proctor filed a notice of appeal in September 2017.

Hearnsberger's order denying the motion to transfer the case said video evidence showed three individuals entered the store with masks and large handguns and attacked the clerk of the store demanding the money in the cash register. Smith "manhandled the clerk by his shirt, forced him to the ground and hit him several times in the head with the gun," and the three then stole the money from the cash register.

There were several other similar incidents around the state of Arkansas during the early weeks of December 2016. Smith, at the time of Hearnsberger's order, was also charged in Benton, Texarkana and Cabot with similar armed robberies.

Smith, who lived in Little Rock, had no prior juvenile court record, according to the order.

"He has grades of C's, D's and F's on his school transcript for the past two years. He completed some summer school this summer to get back on track to graduate next year from high school. The transcript of this summer school coursework was not provided to the Court. Defendant plays basketball, and his Coach likes him. He lives with his mother and sisters in his mother's home. He does not have a driver's license or a car," the order says.

"Defendant posted several photos on his Facebook page. These photos show him and others flashing gang signs. One of the photos contained a caption which read 'I keep a couple killers round me when I move,'" it said.

Hearnsberger cited a number of factors in denying the motion to transfer the case to juvenile court, including the seriousness of the crime, noting the employee was struck multiple times in the head with a pistol, even though he was cooperating; that Smith appeared to be the leader of the criminal activity, appearing as the first person in the store, with his gun drawn; the fact that, in testimony, he expressed no remorse for the attack on the clerk or the embarrassment and expense it had caused his mother, sister and other relatives; and the Facebook posts, which shows he had a "desire to be treated as an adult by displaying firearms and making threats."

According to the AP, Chief Mike Davis said Smith was a rear-seat passenger in a car pulled over for speeding and a headlight violation. In the video, Smith was told three times to stop reaching for something.

Proctor, a lawyer for Smith's family, told The Associated Press it was too early to make conclusions.

An impromptu memorial that includes candles and stuffed animals adorn the shooting site, the AP reported.

Local on 01/11/2018

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