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Smith Gets Six Years on Manslaughter Plea

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February 08, 2010 3:14 PM

Nathan Frick

A judge sentenced a man today to six years of intensive probation after he admitted to killing another man in 2004.

Alex Smith was facing a murder charge before he pled to a lesser charge of voluntary manslaughter in the death of Desmond Foster in 2004. Hamilton County Criminal Court Judge Rebecca Stern ruled that Smith must spend 11 months, 29 days in jail and the remainder on probation.

According to the Judge's secretary, terms of his probation include living with his sister, stay out of downtown area, including Wilder Street, and attend Chattanooga Endeavors program.

In prior court procedings, Judge Stern ordered Smith to learn sign language

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noexcusesda

9:30 PM on February 8, 2010

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Chattanooga justice. What in the world is going on here?

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utrules

8:10 AM on February 9, 2010

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11-29 for taking a life of another human being? this is just plain crazy!

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advocatusdiabol

9:57 AM on February 9, 2010

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I don't know the back ground of this story but manslaughter usually indicated there are other circumstances resounding the incident. Provocation of the individual to anger, perhaps the person didn't have the intent to kill, or they did so out of negligence -- manslaughter is a very complicated charge. Usually it is used as a plea when the prosecution doesn't think they have enough evidence to get an out right conviction, concerns about hung juries, appeals,etc....

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chattneedzchange

3:12 PM on February 9, 2010

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This is BS!!!!

Smith is charged with gunning down Desmond Foster, who investigators say was trying to get out of his car in East Chattanooga when Smith walked up and opened fire.

Foster tried to escape by climbing back through his car, but fell dead to the pavement, police said.

Prosecutor Patterson said the last time Smith was released he fired a shot at a man who was dropping off his child. He said the child witnessed the incident.

How much more evidence did they need that this guy should be locked away for LIFE? Maybe not in jail but definitely in some type of institution that deals with people with his disability.
The police even had a confession. It's taken 6 years to finally get some type of resolution and he's going to get less time than a dog fighter. The guy has a few aggravated assaults on his record and a lot of driving violations. How do you suspend his sentence with an arrest record like that?

Maybe they pleaded it down because Kenneth Freeman was the detective that took his confession. Imagine having to put Freeman in front of a jury. The defense attorney would have a field day.

He clearly knows he can use his disability to keep getting out of trouble. He will hurt someone again or kill again.

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noexcusesda

4:32 PM on February 9, 2010

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chattneedschange, Have you noticed all the silly little penalties for serious crimes? I am disgusted. I'm going to get all these articles together in one file and start sending them out of the valley for second opinions.

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Smith Gets Six Years on Manslaughter Plea

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