Tampa man guilty of Lakeland woman's killing
By John Chambliss
The Ledger
BARTOW — A 23-year-old Tampa man was found guilty Wednesday of fatally shooting a Lakeland woman in her home in 2013.
Benjamin Smiley faces the death penalty for killing Carmen Riley, 46.
The death penalty phase of the trial before Circuit Judge Jalal Harb is expected to begin in 2016. A separate panel of jurors will be chosen to determine whether to recommend death for Smiley.
In addition, Smiley faces a second death penalty trial in 2016.
Smiley is accused of killing Clifford Drake about a month after Riley was shot and killed.
A jury of four men and eight women deliberated for five hours before finding Smiley guilty of first-degree murder and robbery with a firearm.
Riley's brother said his only sister was well-liked in the community.
"She was the big mama of the neighborhood," Dwain Babb said after the ruling.
Babb said Smiley deserves to die.
"He killed somebody so he deserves that," Babb said.
In closing arguments Tuesday, Kristie Ducharme, assistant state attorney, said Riley, who sold liquor and food out of her home, was targeted because of the money from the business.
"He went to her house, and knocked on the door with a .38-caliber in hand," Ducharme said.
Smiley was on a mission to steal, Ducharme said. When he found $2,000 and marijuana after the shooting, he ran out the back door.
No one learned of the connection to Smiley until earlier this year when officials say a break in the case came when a concerned citizen called police after finding clothing that did not belong to him in the bed of his truck, which was parked at his home near the crime scene.
A dark-colored, hooded jacket with a pair of latex gloves in the pocket was seized by police.
Detectives were able to link DNA from the clothing to DNA found on a backpack left behind at the scene of the Drake homicide, but at that point, they did not have a suspect.
Smiley was later charged after investigators were alerted to a DNA match following his arrest in Hillsborough County for armed robbery, for which he's currently serving a six-year sentence. A witness questioned about the Drake killing told police about Smiley's involvement in the death of Riley.
David Carmichael, Smiley's lawyer, said the witnesses in the case were unreliable, dishonest and only talked to investigators so they could avoid charges.
Carmichael pointed to a text message exchange one of the witnesses had with another witness about possibly making up a story to avoid jail time.
"I felt like they made me make up this story so I wouldn't go to jail when I really don't know nothing about it," the text exchange read from one of the witnesses.
Carmichael said there wasn't any scientific evidence to link Smiley to Riley's death.
"The only evidence is that testimony," Carmichael said. "He's a liar, convicted felon and the state gave him immunity," Carmichael said of the state's witness.
There was no reaction from Smiley when the verdict was read.
http://www.theledger.com/article/201...man-s-killing-
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