SISTER PLEADS IN GAIL SMITH MURDER
Posted: April 16, 2014
By MELISSA BOUGHTON
The Winchester Star
BERRYVILLE — Deborah Lynn Smith pleaded
guilty Monday to knowing all along that her
brother and a hired assassin killed her sister, Gail
Smith, on July 26, 2009.
“Debbie Smith has now indicated that, in fact,
Timothy Smith [Jr.] confessed to her the day he
killed Gail, when he returned from killing Gail
with Tony Sharpe,” said Clarke County
Commonwealth’s Attorney Suni Mackall.
Berryville Councilwoman Gail Smith was found
dead of a gunshot wound to the head in her
Pickett Court home on July 30, 2009.
Her 62-year-old sister, of Burkeville, was arrested
in early August following indictments for capital
murder and conspiracy to commit murder
stemming from her death.
However, she pleaded guilty Monday in Clarke
County Circuit Court to felony perjury and
misdemeanor obstruction of justice as part of an
agreement.
DeborahSmith
Smith is set for sentencing at 9 a.m. Sept. 24. Perjury carries up to a 10-year sentence, but
Smith is facing four to seven years — which will be determined by a judge.
Mackall said in her proffer of evidence for the court that Smith previously testified under oath
that she had no knowledge of anyone involved in her sister’s death — hence the perjury charge.
She will be sentenced to the maximum of 12 months in jail for the obstruction of justice charge,
which will run consecutive to her other sentence, according to the agreement.
As part of the agreement, Smith will cooperate fully with the commonwealth in the
prosecution of any and all codefendants — including her brother and Sharpe, who has already
admitted to and been convicted of being the shooter in the plot.
The 27-year-old Farmville resident is awaiting sentencing for charges of first-degree murder,
conspiracy to commit murder and shooting another person in the commission of a felony. He
was originally charged with capital murder.
According to a plea agreement, Sharpe will be sentenced to 25 to 35 years in prison for his
three charges. How much time he receives will be determined by a judge at a sentencing
hearing after the other cases related to the murder are resolved.
He also has to cooperate fully with the commonwealth.
Gail and Deborah Smith’s brother, Timothy Smith Jr., 55, of Burkeville, is charged with capital
murder, conspiracy to commit murder and use of a firearm in the commission of a felony
stemming from the homicide.
His case is set for a jury trial beginning Sept. 29 and he is facing life in prison.
Deborah Smith and Sharpe could be called to testify against him at trial, according to their
plea agreements.
Mackall said the investigation into Gail Smith’s death uncovered evidence of tremendous
discord between the siblings over their father’s money, assets and well-being.
In Sharpe’s confession to being the shooter, he allegedly indicated that Timothy and Deborah
Smith hired him.
At Deborah Smith’s bond hearing in December, Mackall said that Sharpe would have testified
that she funded his trip to Berryville, bought the bullets, helped him pick out a gun, wrote a
contract, bought flowers and clothes and gave him cash to do the deed.
Mackall said at the same hearing that Deborah Smith can be heard on recorded jail phone
conversations with Timothy Smith telling him to “keep his mouth shut.”
Since Gail Smith’s murder, investigators have uncovered information regarding multiple plots
to have her killed, but prior to March no one had been charged with her actual killing.
Timothy Smith has been at the center of many of the plots, and Deborah Smith also has been
linked to attempts to have her sister killed.
Everyone’s precise role in the killing has not yet been made clear.
Mackall said Tuesday that the totality of the circumstances, consideration of the evidence,
Deborah Smith’s age and the resulting consequence of only having one trial left in the case
resulted in the latest plea agreement.
— Contact Melissa Boughton at [email protected]