CHARLESTON, W.Va. – The new trial for a Kanawha County man previously convicted of killing four of his family members will not proceed until next year.
Gavin Smith, 21, appeared remotely before Kanawha County Circuit Judge Kenneth Ballard on Thursday for a pretrial hearing that ended with his trial rescheduled. Kanawha County Assistant Prosecuting Attorney Adam Petry moved for the case to be continued so that the state could have more time to prepare.
Despite objection from the defense, Judge Ballard granted the continuance and rescheduled the trial for February 23.
Smith was convicted in 2022 on three counts of first-degree murder, one count of second-degree murder, and one count of using a firearm during the commission of a felony and received three life sentences with mercy in addition to another 50-year sentence.
When he was 16, Smith reportedly shot and killed his stepfather, Daniel Dale Long, 37; his mother, Risa Mae Saunders, 39; and his two brothers, Gage Ripley, 12, and Jameson Long, 3, at a home in Elkview.
Smith’s conviction was vacated by the West Virginia Supreme Court of Appeals in June because it believed that the circuit court erred in informing the jury that if Smith was convicted of first-degree murder, he would be eligible for parole because of his then-juvenile status.
A new trial, which was originally scheduled for November 17, was ordered as a result.