MONTGOMERY, Ala. — In 2015, then 15-year-old LaKeith Smith was arrested in Millbrook on charges of burglary and theft after he and several others broke into an unoccupied home. A neighbor who witnessed the break-in reportedly called police, who, after attempting to intervene, say two of Smith’s accomplices opened fire on officers.
An exchange of fire ensued, resulting in then 16-year-old A’Donte Washington being fatally shot by police.
Smith was ultimately held responsible for Washington’s death, and, in addition to the burglary and theft charges, was also charged with felony murder, a Class A felony. He was found guilty and sentenced to 65 years in prison.
Under existing state law, an individual can be charged with murder when certain felony offenses are committed and directly or indirectly cause the death of another person.
Known as the ‘proximate cause theory,’ this application of murder charges permits individuals committing certain felony offenses to be charged with the death of their accomplices, regardless of the actual cause of death, be it by police or otherwise.
Washington’s father, Andre Washington, has never spoken publicly on the incident. Last week during a House Judiciary Committee hearing, he broke his silence in support of House Bill 32, sponsored by Rep. Chris England, D-Tuscaloosa, which would provide exceptions to the crime of murder.
“In 2015, my son A’Donte met with some friends in Millbrook who decided to break into an unoccupied home; this included 15-year-old LaKeith Smith, who was the youngest of the group,” Washington said.
“A neighbor called the cops when he saw a strange car in the driveway and a group of boys run to the back yard; I would have done the same thing. The boys were running out of the house when the cops arrived, and in that confusion, my son was shot three times in the back by the police, and pronounced deceased on the scene.”
“My son lost his life, and now I’m having to sit and watch another son’s life be thrown away; A’Donte’s friends involved in the break-ins were held accountable for the burglary and theft, which is understandable,” Washington continued.
“But they were also held accountable for A’Donte’s death, and left my family to deal with the loss of not one child, but two, as LaKeith Smith is now a young adult behind bars.”
According to The Sentencing Project, 14 states still use proximate cause theory, whereas a majority of states use what is known as ‘agency theory’ in their application of murder charges, which require deaths to be directly caused by an individual before a murder charge is applicable.
Another individual speaking on behalf of HB32 was Akiesha Anderson, policy and advocacy director for Alabama Arise, a nonprofit organization that advocates for impoverished Alabamians.
Anderson argued that HB32 would not “allow people who commit crimes to sidestep prosecution or consequences for the crimes they commit,” but rather, would instead ensure more appropriate sentences are issued in certain cases.
Three district attorneys spoke out against HB32, all of whom argued that the change would make Alabama less safe.
“As written, if you pass this, you will be letting violent offenders back on the streets in the state of Alabama to reoffend,” said Pamala Casey, district attorney for Blount County, and former prosecutor with the state Attorney General’s office.
Brontina Smith spoke in favor of the bill. She’s the mother of LaKeith Smith, who remains incarcerated on the murder, burglary and theft convictions on a now-reduced 30-year sentence.
“My son was charged and later convicted of A’Donte’s murder under the felony murder law, even though he did not intend to hurt anyone and did not hurt anyone,” Smith said.
“Yes, my son was committing a crime, and yes, he should be punished. This month marks nine years that my son LaKeith has been incarcerated, he’s been gone since he was 15; he’s now 25.”
C.J. Robinson, the district attorney for Alabama’s 19th Judicial Circuit, opposed the bill.
“The case that you’ve heard about involving Mr. Smith, no one should know more about that case than me; it was my case,” Robinson said.
Robinson recounted the 2015 murder of Brandon Brown in Montgomery; while Montgomery resident Jaderrian Hardy was eventually convicted for killing Brown, Robinson said that Smith was “involved” with that murder.
Robinson continued, and recounted a separate fatal shooting the next day at the Big Boyz Club in Montgomery in which the victim’s vehicle was stolen. That same vehicle, Robinson said, was used by Smith and others to drive to Millbrook where the home break-ins occurred.
“The first house they broke into, they stole things; the second house they broke into was when the police responded, (and) the police did not respond and just start shooting,” Robinson said.
“I presented that case to a grand jury, and a grand jury found that that officer acted properly under Alabama law using deadly force.”
Furthermore, when Smith’s mother pursued a resentencing hearing for her son – which ultimately saw Smith’s sentence reduced from 65 years to 30 years – Robinson said he did not advocate against Smith’s sentence being reduced.
“I felt that we were minimizing the value in human life of Mr. Washington if we did not try to pursue that charge,” Robinson continued.
Matt Casey, the district attorney for Shelby County who has worked more than 15 years as a prosecutor.
Matt Casey also said that throughout his entire career as a prosecutor, he had never seen a case in which an individual was charged with murder “who didn’t have anything to do with the planning, implementation or the action” of a crime that resulted in someone’s death.
England, who currently serves as an attorney for the city of Tuscaloosa, said that despite Casey’s experience as a prosecutor, such incidents do occur.
“I have actually seen and been a part of a case where it did happen, where somebody was just sitting in a car and did not know that there was going to be a drug deal or a felony murder,” England said.
No votes were cast on HB32 Wednesday, though England told Alabama Daily News the bill will appear in committee for a vote on March 20.