On June 13, Smith was home with his daughter and his 14-year-old son. While handling an illegally possessed gun in his son’s room, he fired the weapon. The bullet tore through the wall separating his son’s bedroom from his daughter’s bedroom, where it struck her in the back.
Following spinal surgery, she survived.
An investigation revealed that, due to his felony criminal record, Smith is barred from possessing firearms. According to the District Attorney’s Office, Smith admitted in court that he knew about the restriction. Authorities later discovered the weapon hidden in the backyard.
Prosecutors said Smith’s rap sheet includes two other weapons offenses against his family in the last two years. They said he has not gone five years in the last 30 without a criminal conviction. They include forgery, possession of stolen property, criminal impersonation, menacing, and drugs charges.
Smith pleaded guilty to one count of attempted second-degree criminal possession of a weapon. The maximum sentence is 15 years, but the DA says Smith’s repeat offender status qualifies him as a “discretionary persistent felon.” This means he may earn a life sentence.