DATE: Saturday, July 19, 1997               TAG: 9707190293

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY CINDY CLAYTON, STAFF WRITER

DATELINE: NORFOLK                           LENGTH:   98 lines

NORFOLK MAN SENTENCED TO LIFE IN PRISON FOR MURDER PRISON INMATE SAYS DEFENDANT ADMITTED MUTILATING VICTIM.

A jury convicted Stacy Allen Smith of first degree murder and robbery Friday, sentencing him to life plus 24 years in prison for strangling a man in August and mutilating his body.

As Circuit Judge John E. Clarkson read the verdict, Smith wiped tears from his eyes.

Smith, 29, of the 1400 block of W. 41st St. in Norfolk originally was indicted on charges of capital murder and robbery in the killing of Joe Watkins, 39, also of Norfolk.

A jury of seven women and five men deliberated about 10 hours over three days before convicting Smith of the lesser charge. If Smith had been convicted of capital murder, he could have faced the death penalty.

According to testimony, Watkins, Smith and another man frequently drove to Lafayette Boulevard and Verdun Avenue to buy drugs. Witnesses told the jury that Smith often bought drugs for Watkins in exchange for sex.

On Aug. 16, Smith went to Watkins' house in the 100 block of Forrest Ave., intending to collect money that Watkins owed him, prosecutors said.

A prison inmate, who served time in the Norfolk City Jail with Smith, testified that Smith confided that he had killed Watkins and mutilated his genitals to make an example of him.

``The guy (Watkins) was not going to pay him. The guy was going to come out and tell people that Stacy (Smith) was a homosexual,'' the inmate said.

Prosecutor Damien J. Hansen asked that the inmate not be identified because the inmate's life has been threatened. Hansen said the inmate has been assaulted since he agreed to testify.

Hansen and prosecutor James Entas brought in an expert who showed the jury DNA evidence indicating that Watkins and Smith had had sex just before Watkins was killed.

At some point, Smith approached Watkins from behind and wrapped a braided belt around his neck, said Dr. Leah Bush, the state's assistant chief medical examiner in Norfolk.

``He wasn't trying to strangle him to kill him, he was just trying to scare the guy,'' the inmate recalled Smith telling him. But the inmate testified that Smith said that as he choked Watkins, he became increasingly angry. ``It just got out of hand,'' the inmate said.

After castrating Watkins and mutilating him, Smith went into the bathroom and washed, disposing of the severed body parts.

Smith told the inmate that he went downstairs to smoke a cigarette, drink a beer and watch television. At some point, Smith decided to steal Watkins' stereo and several other items of electronic equipment and drive away in Watkins' car, prosecutors said.

A short time later, Smith was stopped by a police officer for speeding just south of the Hampton Boulevard Bridge. Officer Lawrence Corbett testified that Smith, who was wanted on an outstanding warrant for failure to appear in court, gave his name as Tracy Boone. Smith also gave him a false Social Security number.

A pursuit began after Corbett pressed Smith for the correct information and Smith drove away. Corbett said the chase reached speeds of 80 mph until Smith reached 27th Street, a one-way street, and turned the wrong way.

Smith crashed the car, then got out and ran. Corbett chased him into the back of a house and arrested him when he ran out the front door.

Watkins' body was found two days later by friends who were concerned because they hadn't heard from him in several days.

In Smith's defense, lawyers Jon Babineau and James Broccoletti repeatedly told the jury that one of Watkins' ex-lovers was a suspect in the killing early in the investigation. The lover had once lived with Watkins.

Several witnesses testified that the ex-lover had a violent temper and that the two men had quarreled on several occasions.

But homicide investigators testified that the man was cleared because he was not in Norfolk when the slaying was committed. Babineau and Broccoletti suggested to the jury that police may have acted too quickly in eliminating the ex-lover as a suspect.

Homicide Detective David Goldberg testified that he spoke to the man by phone several times and to the man's employer. But the defense attorneys argued that Goldberg had no way of verifying the identities of either the suspect or his employer over the phone.

``Obviously, we're pleased with the verdict,'' Babineau said. The fact that the jury convicted Smith of first degree murder, rather than capital murder, suggested that the jury did not believe Smith intended to rob Watkins when he arrived at the house, he said.

``We thought that the evidence of robbery was not there. You have to have at the time of the killing, the intent to steal,'' Babineau said.

For this murder to be considered a capital crime, prosecutors had to prove that Smith planned to rob Watkins before he killed him.

``You put the case in 12 people's hands, and it's clear that they deliberated long and hard,'' Hansen said. ``I think they just had trouble with the robbery as far as when it was committed.''

Smith's family declined to comment.

Kathy Kuchman, a longtime friend of Watkins, said Watkins had no family members living in the area. She was relieved after the trial.

``Today is 11 months to the day that we found Joe,'' she said. ``It's been a real rough 11 months, mentally and emotionally.''

She said she originally hoped Smith would be convicted of capital murder, but was satisfied that justice was done. ``Knowing that he's going to be in jail until he dies . . . to me that's worse than the death sentence.'' ILLUSTRATION: Color photo

The victim: Joe Watkins KEYWORDS: MURDER TRIAL SENTENCING

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