CHARLESTON, W.Va. — Elkview resident Gavin Smith could spend the rest of his life in prison for the murders of his mother, stepfather, and two brothers, hearing his sentence nearly six years after he shot and killed his four family members in Elkview.
As part of a binding plea agreement, Kanawha County Circuit Judge Kenneth Ballard handed down a sentence Monday of life plus 80 years for one count of first-degree murder and three counts of second-degree murder on Monday. Smith accepted the agreement rather than go to trial for a second time last month.
Smith, now 22, was found guilty during his first trial in 2022, but an error in jury instructions led the state Supreme Court of Appeals to order a new trial. The sentencing brings the legal aspect of Smith’s case to an end.
“It’s a tremendous relief to my office and to the victims’ family to be able to get some closure, finally have a resolution that allows everyone to move on, and to know we’re not going to be back here a third time,” Kanawha County Prosecuting Attorney Debra Rusnak said.
Smith waives certain rights in the plea agreement, including his right to appeal the decision. Rusnak is pleased to know that the case will not stretch any further after the prosecutor’s office spent years seeking a conviction.
“The defendant obviously waived certain rights, and his right to appeal is one of those, so there’s no chance of us having to come back and do this all over again. We are ensured that Gavin Smith will be locked up and sentenced to prison for the rest of his life,” she said.
Because Smith was a juvenile at the time of the murders, he is automatically eligible for parole in 15 years. Despite the law, prosecutors are confident that he will remain behind bars for the remainder of his life.
“Whether he gets parole or not will certainly be in the discretion of the parole board, but we hope that they will make the right decision and keep Gavin Smith locked away for the rest of his natural life,” Rusnak said.
Monday marks the final day in a nearly six-year process that began in December 2020 and resulted in numerous hearings, a trial, a state Supreme Court ruling, and two convictions. Rusnak hopes the sentencing can bring some peace to those affected.
“You have a father, a grandfather, who lost basically his world, and to have that stolen from you, I can’t imagine,” she said.
As part of the plea agreement, the court recommended that Smith be incarcerated at the Mount Olive Correctional Complex in Fayette County. The state Division of Corrections and Rehabilitation will make a final determination for where Smith will serve out his sentence.