Not Guilty First Degree Murder Guilty Reckless Homicide
State of Tennessee v. David Smotherman
Oct 24, 2008
Not guility of First Degree Murder
In October of 2008 , A jury returned a verdict of not guility to First Degree murder in Mr.Smotherman's case. He was convicted of reckless homicide. The murder happened in a bar in Hendersonville,Tennessee.
Everyone in the bar saw the murder.The defense was based on the fact that the murder was reckless or it was voluntary homicide.We admitted in all phases of the trial that Mr.Smotherman commited the homicide,but that it was not pre-meditated.
A first rate private investigator was hired and we did a focus group to develop our theories and defenses.After a lot of hard work, the jury was convinced as I was that a first degree murder did not take place.Mr Smothrman was found not guility of first degree murder and was found guility of reckless homicide.The jury system worked to stop the police from overcharging the defendant.