The Elkview quadruple murder case is back in court, with jury selection expected to follow a different approach this time.
Court officials plan to summon more potential jurors than usual for the retrial of Gavin Smith, whose 2022 convictions for killing four family members were overturned by the West Virginia Supreme Court.
A pretrial hearing took place Tuesday. Prosecutors and the defense want about 75 prospective jurors to seat a jury, compared with the typical 40 to 50 usually called in, according to court administrators.
Smith was 16 years old when his mother, stepfather, and two brothers were fatally shot.
Now 21, Smith will be tried as an adult. However, because of his age at the time of the killings, state law makes him ineligible for life without parole.
The Supreme Court ruled that the trial judge issued an improper jury instruction regarding parole eligibility, which may have caused jurors to focus on potential punishment instead of the evidence.
Co-defendant Rebecca Walker testified against Smith and received a 10-year sentence as an accessory. Her testimony referencing a possible life sentence led to the parole eligibility instruction that the Supreme Court later found to be prejudicial.
“I don’t ever like to assume what a jury will do,” Kanawha County prosecutor Debra Rusnak said. “We do plan to put our case forward fully, completely and fairly and leave it in the hands of the jury. We are certainly prepared to do that.”
Smith’s new trial date is scheduled for Feb. 23.