Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, March 12, 1993 TAG: 9303120356
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: ROBERT FREIS STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
PLEA AGREEMENT IN SLAYING COULD BE MADE TODAY
A tentative plea agreement allowing accused killer William Ray Smith Jr. to avoid a possible death sentence has angered family members of Smith's alleged victim."We're not happy with it," said Mike Crockett, whose wife, Lorna, was abducted and shot June 1 while making a night bank deposit.
"I'm sure the night she got killed she would have loved to plea bargain . . . she didn't get a chance," said Bonnie Raines, Lorna Crockett's mother.
Montgomery County Commonwealth's Attorney Phillip Keith would not discuss details of the case, but did say, "This is not a capital murder case that can be proven. If we could, we would pursue it."
Smith, 19, is one of three defendants charged in the slaying of Crockett, a store manager and the mother of three boys.
Keith said a hearing will occur this morning in Montgomery County Circuit court to consider a plea agreement with Smith's attorneys.
Keith would not discuss the terms of that agreement. However, James C. Turk Jr., who is representing Smith, said his court-appointed client will plead guilty to a reduced charge of first-degree murder in exchange for a sentence of life in prison plus 70 years for additional charges.
Smith will be eligible for parole review in 15 years. A parole review is a formality that does not ensure prisoners obtain a release, but even the chance of parole rankles the family.
Smith decided to plead guilty because he did not want to face the possibility of being sent to the electric chair by a jury, Turk said.
Turk said the state initially offered Smith a plea agreement of two life terms in return for a guilty plea.
However, Turk said the terms were reduced after the trial last month of another defendant in the case, Katina Lynn Zelenak.
Zelenak's often contradictory testimony illustrated the difficulty of proving whether Smith or a third defendant, Paul W. Morehead, shot Crockett.
Nonetheless, members of Crockett's family are frustrated by the turn of events. They oppose the plea agreement, saying Smith should be tried by jury as planned.
"I don't think he would have gotten any less [of a sentence]," Raines said.
Raines said the family wasn't adequately consulted by Keith about the case.
Keith responded that he has consulted Mike Crockett "extensively."
Even the likelihood of having those involved with Lorna Crockett's death eligible for parole and possibly back on the streets isn't right, Mike Crockett said.
"In 15 years, Lorna's boys will be grown men. I don't want them to ever run the possibility of seeing these people on the street," Raines said.
Keith said the family's feelings are understandable. "But the law must be followed," he said.
Zelenak, 20, was sentenced last month to life in prison plus two years after also accepting a plea agreement.
Morehead, 21, who also faces a capital murder charge, is scheduled for trial in April.
Authorities allege Crockett was abducted by Smith, Zelenak and Morehead in Christiansburg, forced to drive to a secluded location and fatally shot. Her body was found the next day in her car.
The trio was arrested later that night after they allegedly attempted to rob another store manager, Stuart Arbuckle, who was making a night bank deposit in Blacksburg.
Arbuckle avoided the robbery attempt by jumping in his car and calling police from his cellular phone. He followed a car - later found to contain the defendants, the alleged murder weapon, a .32-caliber handgun, and Crockett's purse - until police arrived.
The case gained national publicity after Arbuckle was fired from a local pizza company for violating company rules involving night deposts of receipts, despite being commended by police for aiding the arrest of the defendants.
If today's hearing does not result in a completed plea agreement, Smith's trial will take place March 16 as originally scheduled, Keith said.