MORGANTOWN, W.Va. – Sentencing in Monongalia County Circuit Court for Gary Smith, 60, the Morgantown man who accepted an Alford Plea in the first degree murder case of Alexa Randolph, has been delayed due to a disagreement with his court appointed attorney.
An Alford plea means a defendant maintains their innocence while admitting the prosecution has enough evidence to convict them.
On October 5, Monongalia County Circuit Court Judge Susan Tucker explained to Smith and court appointed counsel he would likely receive the maximum 15-year sentence, but he would be spared from the mercy phase of jury deliberations that could have resulted life with no possibility of parole. Smith was emotional during the hearing, but verbally agreed to the terms and signed documents during the video hearing that day.
November 2, Smith returned to circuit court via video for sentencing.
Smith told the court his attorney did not properly present all the options he had in the case and he had been denied his full discovery information as required by law. Smith went on to tell Judge Tucker he was under duress, confused and felt his court appointed attorney forced him to take the Alford Plea.
Court appointed attorney Christopher Wilson explained the discovery was stored on a thumb drive. The drive contained audio, video, the download of a cell phone and all police reports – things Wilson told the judge would be impossible to give to Smith while in jail.
Tucker told Smith the plea he agreed to and signed was a binding document. Tucker said changing the attorney would not change what the evidence would show a jury. Tucker reminded Smith he had already admitted to killing Randolph as part of the Alford Plea and would risk a jury sending him to prison for life saying,” given the way you killed the victim it’s not likely a jury would grant mercy.”
Despite objections from the prosecution, Tucker relieved Wilson and delayed proceedings until a new attorney is appointed.
“It’s a travesty of justice and all he did was make a mockery of the justice system today, period, Alexa Randolph’s uncle Grant Adams said. ” He has no rights, he gave away when he took someone’s life.”
Randolph was reported missing to the Morgantown Police Department after not picking up her son on Jan. 28.
By using cell phone data, detectives determined Randolph had very recently been at the Smith’s residence. Smith immediately became a person of interest after the first interview, according to detectives.
On Jan. 29, pings from Randolph’s cell phone led police to the Walmart on Hornbeck Road where her body was found in the cargo area of her Ford SUV. Police also recovered surveillance video from the Walmart showing a subject fitting the description of Smith leaving the parking lot on foot.
An autopsy determined Randolph died of asphyxia and blunt force trauma. Consistent with the large amount of blood evidence found in Smith’s garage. The autopsy also determined Smith’s DNA was under the victim’s fingernails, signifying a struggle.
Smith is the paternal grandfather of Randolph’s son. He was was arrested and charged on Feb. 10.