Man Sentenced for Killing Father

DAILY LOCAL NEWS
SEPTEMBER 5, 2013

MICHAEL P. RELLAHAN

WEST CHESTER – A conflicted family sat in Senior Judge Thomas Gavin’s courtroom Wednesday and watched as Derek Jordan Smith – son, grandson, nephew, brother and cousin to those in attendance – pleaded guilty to killing his father. “The family is divided,” Deputy District Attorney Michelle Frei told Gavin as he considered whether to accept a proposed guilty plea agreement in the case stemming from 51-year-old Stephen Washington’s 2012 homicide. The sentenced negotiated by Frei and defense attorney Christian Hoey of Paoli called for Smith to be imprisoned for 15-to-30 years for third-degree murder, followed by five years of court supervision. He is 27 years old. “Some of the family members believe the sentence is too harsh,” Frei said. “Some believe it is too lenient.” The family members did not all sit together in the courtroom, showing their division over the plea and sentence in a physical way. Frei drew Gavin’s attention to Linda Washington, the victim’s elderly mother, who was seated at a prosecution table to hear the discussion. “This is one of the saddest days of her life,” Frei said. “But she is hopeful that there can be some peace in the family.” Ultimately, Gavin accepted the plea agreement and sentenced Smith – a man with a history of mental illness who had no previous criminal record – to its terms. “If I could go back in time, I would start all over,” Smith said when asked by Gavin whether he wished to make a statement. “That is all I have to say.” Smith admitted that on President’s Day last year, Feb. 20, 2012, he had pointed a .38 caliber Smith & Wesson handgun at his father, Washington, and fired it twice as the father stood up from a couch. Washington was struck by both bullets, one in the torso, the other in the head, and died on the living room floor. Caln police, called to the Washington home on Seltzer Avenue, found Smith standing in the backyard around 6:50 p.m. Asked where the gun was, he pointed to a concrete fireplace. At the Caln police station, Frei said, Smith waived his Miranda rights and spoke with Chester County Detective Gerald Davis and Caln Officer Joseph Carboni. He told them that although he had shot his father, he had not meant to kill him. Smith told the officers that although he and his father had been getting along that day – Frei said there was a history of conflict between the two – at some point he began thinking about the state of his life and, fueled by a 24-ounce can of beer he drank, got “pumped up” about his father. He retrieved the gun from his bedroom, loaded it, put it in his pocket, and walked downstairs to where his father and mother were sitting in the living room, and fired the fatal shots. Hoey told Gavin that during the 18 months his client had spent in county prison after his arrest, he had arranged for him to be examined by a psychiatrist to determine whether there was the possibility of a mental health defense. He decided there was not. Smith, asked by Gavin if he was on any medication on Wednesday, said he was taking anti-depressants prescribed for him by the prison, but that he could understand what the impact of his guilty plea would be. Frei presented letters from two of Stephen Washington’s children – his oldest son, Stephen Smith, and eldest daughter, Latoya Smith – about their memories of their father and the way his death affected them. Stephen Smith, who was in Gavin’s courtroom but who asked Frei to read his letter for him, addressed his comment directly to his deceased father. “You were the person I could turn to for anything,” he wrote. “I know you will not get this letter, but I pray you know how much I love you and still do love you. I know I will see you again sometime in heaven.” The victim’s daughter in her letter, which Frei also read, spoke of difficulties and worries that her father had before his death, but also of his commitment to his family. “ He wanted his family to understand what he was going through,” she wrote. “There was nothing he would not do for his family if he could. I love my father with all my heart and appreciate the little things he did for me.” Gavin accepted the plea without any substantive comment, except to say that he believed that Smith knew what he was doing.

MRELLAHAN@DAILYLOCAL.COM
© 2013 DAILY LOCAL NEWS SERVING CHESTER COUNTY, PA

 

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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