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Thread: Nicholas Daniel Smith - Alabama Death Row

  1. #11
    Administrator Heidi's Avatar
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    Nicholas Smith smiles after leaving the courtroom on Tuesday. He received the death penalty. Photo by Bill Wilson.


    Smith sentenced to death in teacher's killing

    A judge this afternoon sentenced Nicholas Smith to death by lethal injection for the kidnapping and killing Wellborn Elementary School teacher Kevin Thompson on April 2011.

    In July, a jury recommended that Nicholas Smith, 24, be put to death for his involvement in the teacher’s murder.

    Prosecutors said during the nine-day trial that Smith, Tyrone Thompson and Jovon Gaston kidnapped the third-grade teacher on April 20, 2011, from his Jacksonville apartment, took him to several ATMs, robbed him of $400 at gunpoint and stabbed him to death with a steak knife.

    Brian McVeigh, Calhoun County District Attorney, asked Circuit Judge Brian Howell to consider the jury’s recommendation.

    “There is no other sentence justified in this case than death,” McVeigh said.

    McVeigh said 29-year-old Kevin Thompson had a promising future, and the teacher was going to make a difference.

    “He was the type of person Nicholas Smith needed in his life,” McVeigh said.

    Tim Burgess, one of Smith’s three court-appointed attorneys, told the court that Smith’s “chaotic” childhood, which involved physical, sexual and emotional abuse, had a traumatizing impact on Smith.

    Burgess told the court that Smith’s only positive role model, his father, died when he was 5 years old.

    “Kevin Thompson had a loving, nurturing family. Nick Smith didn’t. I’m not here to make excuses,” Burgess said.

    Burgess asked the judge to sentence Smith to life in prison based on his tumultuous upbringing.

    Chrisandra Smith, the defendant’s mother, was asked by the defense if there was anything else the court should know about her son before making its decision. The mother spoke mostly of Smith’s father and told the court that she knew his father had prayed a lot for his son.

    “He was a good man. Don’t kill that good man’s son,” she said.

    Howell asked Smith to stand before the bench with his attorneys and gave the convicted man a chance to address the court. Smith only shook his head.

    Howell told Smith while he was sorry for the way he was raised, the judge did not believe Smith showed remorse for his actions.

    “I see no other option,” Howell said. “This case clearly calls for the death penalty.”

    The judge told Smith he would appoint two new lawyers to work on his appeal.

    Smith was shackled and taken out of the courtroom while his mother watched.

    Frances Curry, Kevin Thompson’s mother, said she feels like justice was served.

    “We’re going to fight for our children. They have a right to have a good life. To live a good life and to never have it taken away from them,” Curry said.

    Curry questioned why Smith didn’t talk to the people who abused him, instead of killing her son.

    “If you have a problem with the people that abused you why do you kill an innocent person?” Curry asked. “It is wrong and I will never agree with it. I’m glad to see that justice has prevailed.”

    Tyrone Thompson will be the next defendant to be tried, prosecutors previously told The Star. A trial date has yet to be set.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  2. #12
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    Thompson competent to stand trial in 2011 killing of Wellborn teacher

    A Calhoun County judge on Wednesday ruled that an expert is not needed to determine whether an Anniston man is mentally competent to stand trial in connection with the 2011 death of a Wellborn Elementary School teacher.

    Tyrone Thompson, 30, was indicted by a Calhoun County grand jury in May 2011 on a capital murder charge in connection with the kidnapping, robbery and killing of Kevin Thompson, whom the defendant knew.

    Circuit Judge Debra Jones deliberated for more than a week before finding that such an expert was not needed to determine Thompson’s competency. Jones at a hearing on Oct. 20 listened to prosecutors and defense attorneys make cases for and against the need for that expert.

    In her ruling, Jones states that evidence and testimony at the hearing showed that Thompson does not posses an intellectual disability that would require the court to request an an expert.

    “The mental retardation, or intellectual disability, of the defendant is not an issue in this trial,” Jones wrote in her order.

    Defendants with intellectual disabilities are excluded from the death penalty, according to the 2002 U.S. Supreme Court ruling in Atkins vs. Virginia. That decision set a court precedence for the requirement of a preliminary hearing to determine mentally competency in death penalty cases. If a court finds any evidence of an intellectual disability, courts must ask for an expert’s testimony, according to the ruling.

    Jones did order a mental evaluation of Thompson, she noted in her ruling, and the result showed him competent to stand trial.

    Thompson was classified as eligible for special education services in the 3rd grade and dropped out of school after 9th grade, according to Jones’ order, but he was able to communicate well with friends, family and jail administrators after his incarceration on the charge.

    “The defendant is able to read and to learn from reading resources as evidenced by his requests for certain law books and other reading materials from his mother while at the jail,” Jones wrote.

    Tyrone Thompson is the second of three suspects to be tried in connection with the teacher’s death. A judge in September sentenced Nicholas Smith to death after being found guilty for his involvement in the killing.

    Prosecutors in Smith’s trial alleged that Tyrone Thompson, Smith and Jovon Gaston, of Jacksonville, kidnapped Kevin Thompson, drove him to several ATMs in Anniston and Jacksonville and robbed him of $ 400 at gunpoint.

    Those men also drove the victim to a secluded portion of U.S. 278 outside of Piedmont where Thompson was stabbed to death and left by the side of the road, prosecutors have said.

    Attempts to reach Thompson’s defense attorneys for comment weren’t immediately successful Thursday.

    Tyrone Thompson and Gaston were in the Calhoun County Jail Thursday. Thompson’s trial is to begin Feb. 2.

    http://www.annistonstar.com/news/art...4c695f910.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  3. #13
    Senior Member CnCP Legend JLR's Avatar
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    Death sentence was reversed on the 17th of March 2017 on direct appeal.

    https://cases.justia.com/alabama/cou...?ts=1489782615

  4. #14
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    Testimony begins in final trial over 2011 murder of Wellborn school teacher

    By Dixon Hayes
    WBRC

    ANNISTON, Ala. (WBRC) - Tyrone Thompson became physically ill when he saw a crime scene photo of the body of Kevin Thompson on the side of a road. He gagged and left the room, then returned and said, “I’m OK.”

    After eight years, the trial is underway in the capital murder case of Tyrone Thompson. He is charged with capital murder in the 2011 kidnapping, robbery, and murder of Kevin Thompson, who was a teacher at Wellborn Elementary School. The two men are not related.

    Circuit Judge Debra Jones has ruled that since Tyrone Thompson’s IQ is 70, he is not eligible for the death penalty. So if he is convicted of capital murder, his only possible sentence will be life in prison without parole. In fact, one of the delays in the case coming to trial was this specific pre-trial issue being litigated.

    Two other defendants have been tried, convicted, and sentenced to death, but their sentences were overturned on appeal.

    Testimony Tuesday came from teachers and former Wellborn principal Douglas O’Dell. They testified Kevin Thompson was absent without notice that morning in 2011, behavior they described as out of character for him. He had apparently not arranged for a substitute to fill in, but had laid out materials in his classroom for that day’s lessons.

    A welfare check from the school's resource officer, deputy Brandon Harris, set events in motion toward this becoming a missing persons case. A Jacksonville Police Officer testified about taking his desktop computer and one shoe, found in the parking lot, into evidence.

    Jacksonville Assistant Police Chief Bill Wineman testified about photos sought, and received, from area ATMs corresponding with Kevin Thompson’s card being used. One of the pictures showed the defendant, Tyrone Thompson. He also testified about finding Kevin Thompson’s missing car in a garage in Anniston, partially disassembled.

    Wineman later testified about finding Kevin Thompson's body dumped near mile marker 166 on U.S. Highway 278, just inside the Cherokee County line. "He looked like he'd been in a fight," Wineman testified, adding he had been partly covered with leaves.

    Wineman testified the earth was disturbed in a way to suggest a struggle, even though the guardrail appeared newly installed. Former Chief Tommy Thompson--no relation to suspect or victim--said in a WBRC interview in 2011 the victim could have been killed on the scene.

    Judge Jones submitted questionnaires to two panels of jurors to deal with a change of venue request. Ultimately, a jury of eight women and seven men from Calhoun County were chosen, and the trial remains in Anniston.

    https://www.wbrc.com/2019/08/20/test...chool-teacher/

  5. #15
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    Man found guilty of Capital Murder for death of Calhoun County school teacher

    By Dixon Hayes
    WBRC

    ANNISTON, Ala. (WBRC) - After 45 minutes of deliberation, a jury found Tyrone Thompson guilty of Capital Murder for the death of Calhoun County school teacher.

    Thompson was convicted of Murder in the Course of a Robbery and Murder in the Course of a Kidnapping.

    Judge Debra Jones immediately sentenced Thompson to life in prison without the possibility of parole after previously ruling him ineligible for the death penalty due to having an I.Q. of 70.

    Thompson is the third person to go on trial for the robbery, kidnapping and murder of Kevin Thompson, an elementary school teacher at Wellborn Elementary. Jovan Gaston and Nicholas Smith have already been tried in the case and convicted.

    Tuesday and Wednesday, jurors looked at video statements made by the defendant, as the man who conducted those interviews, retired Anniston Police Officer Allen George, testified. Tuesday, they looked at a series of videos; Wednesday, they looked at one that ran ten hours.

    George described how he tried to get Tyrone Thompson to admit being present at the crime scene. He said it wasn't unusual for a suspect to initially deny being part of a crime, then claim the victim was a close friend, then eventually confess.

    Thompson repeatedly denied being there in the videos played Tuesday. In the marathon ten hour video played Wednesday, Thompson eventually confessed to being at the scene of the crime.

    The prosecution is expected to rest its case Thursday. Circuit Judge Debra Jones said in court she hoped it got to the jury by Friday, since Monday is Labor Day.

    https://www.wbrc.com/2019/08/29/juro...-murder-trial/

  6. #16
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Nicholas Smith is back on Alabama Death Row, as shown in the ADOC roster updated on 12/09/2021.

    http://www.doc.state.al.us/deathrow

  7. #17
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    Jury again recommends death for Alabama man who murdered elementary school teacher

    By Robert Koplowitz
    AL.com

    A jury again recommended a death sentence Thursday for an Alabama man convicted of murdering an elementary school teacher after the initial sentence was thrown out on appeal.

    Nicholas Noelani Smith, 32, of Talladega, was convicted in July 2013 of capital murder in the slaying of 24-year-old Kevin Thompson, a teacher at Wellborn Elementary School in Anniston.

    Smith and two others kidnapped Thompson, took him to an ATM and robbed him of $400 before stabbing the elementary school teacher with a steak knife and killing him.

    In September 2013, Smith was sentenced to die by lethal injection after a jury recommended he be executed.

    But the sentence was overturned by the Alabama Court of Criminal Appeals, which found that the jury should not have heard from Thompson’s family, who testified that Smith should receive the death penalty, the Anniston Star reported.

    The court ordered that Smith be resentenced, and on Thursday a Calhoun County jury again found that Smith should die for his crime, with 10 jurors voting to recommend death while two suggested Smith be sentenced to life in prison without the possibility of parole, according to court records.

    https://www.al.com/news/anniston-gad...l-teacher.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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