Just days after the second anniversary of the killing of 21-year-old Kyle R. Carter in Cambridge, the Fifth District Court of Appeals has upheld the verdict handed down in the Guernsey County Common Pleas Court against the trigger man, Michael P. Smith, 45, who is serving a 41 years to life sentence for the homicide.
In an entry filed with the Common Pleas Court on March 18, the Fifth District Court of Appeals stated the "judgment of the trial court is affirmed."
Smith, 45, of Cambridge, was sentenced in May 2012 on convictions of murder; attempted murder, a first-degree felony; felonious assault, a second-degree felony; having weapons while under disability, a third-degree felony; and grand theft of a motor vehicle, a fifth-degree felony, as well as specifications for a firearm and Smith being a repeat violent offender.
The sentence break down includes 15 years to life on the murder conviction, a lesser included offense in the aggravated murder charge on which Smith was indicted; 10 years for a repeat violent offender conviction; three years for a firearm specification, 10 years for the lesser included attempted murder conviction; three years for a second repeat violent offender specification for a total of 41 years to life.
Smith was also sentenced to three years in prison for having weapons while under disability and 12 months for the grand theft conviction with the sentences to be served concurrent to the 41 years to life sentences.
Smith shot and killed Carter on March 8, 2011, following a verbal altercation outside a North Side residence. Carter was shot in the chest and was pronounced dead at Southeastern Med following surgery in the emergency department in an attempt to save his life.
Smith also fired a shot at another male, Cody Heskett, but missed. He later said he was only shooting to "scare them."
Smith fled his home after the shooting and stole a vehicle before traveling to Zanesville. He later returned to Guernsey County and was arrested by local authorities.
The notice of appeal was filed with the court on Aug. 22, 2012, with a hearing before the appeals court on Feb. 14, 2013, in Tuscarawas County.