Killer seeks early release

Staff report


A man who pleaded guilty to involuntary manslaughter and aggravated robbery with a firearm specification and was sentenced to 13 years in prison is asking for early release.

Charles E. Smith Jr., 39, of East Florida Avenue, is asking Judge Maureen A. Sweeney of Mahoning County Common Pleas Court to release him now that he has served more than nine years of the sentence she imposed on him.

The prosecution alleged that Smith fatally shot Demar L. Flores, 18, of Elliot Lane, on March 17, 2008, in the driveway of a Rutledge Drive residence, to which Flores had been lured by telephone.

In his motion for judicial release, Smith’s lawyer, J. Gerald Ingram, said Smith has two children and could support his family emotionally and financially if he is released.

Smith, who is in the Trumbull Correctional Institution, has completed college courses and received no disciplinary infractions while in prison, the motion says.

In his motion, which was filed last week, Ingram also argued that Smith is “extremely unlikely” to repeat the behavior that put him in prison and that his release would help alleviate prison overcrowding.

Judge Sweeney has not ruled on the motion.

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