Charles Smith 1

Charles Smith 1

Murderer?
1known / alleged victims (1 ?)
Case Facts
Gender
male
Country
USA
Location
Fort Wayne, Indiana, USA
Date of birth
October 10, 1953
Age at first offence
29
Characteristics
robbery
Victim profile
Carmine Zink, 20
Method of murder
Shooting ( .32 handgun)
Date(s) of murder
December 10, 1982
Years active
1982
Date of arrest
Status
Acquitted / overturned

Sentenced to death on October 18, 1983; on remand the State withdrew its Application for Death Sentence and added a count of Robbery; after a retrial the jury found Charles Smith NOT GUILTY of all charges (Murder, Felony-Murder, Robbery).

Case Summary

Background

Charles Smith was sentenced to death on October 18, 1983.

The offence

They stopped to let Smith pick up a .32 handgun and agreed to stake out a local restaurant for likely robbery victims. They went to The Elegant Farmer in Ft. Wayne, parked the car in the lot, and waited. Brenda Chandler and Carmine Zink arrived to attend a Christmas party at the restaurant. Smith and Johnson left the car and, with stockings over their heads, confronted Chandler and Zink, intent on taking their purses. Smith seized Zink, put her in a headlock, and put the .32 handgun to her head. Johnson was struggling with Chandler, who heard a single gunshot. Smith and Johnson fled. Zink lay on the ground dead as a result of a single gunshot to the head.

Trial

Lee testified at trial under an agreement with the State and confirmed the above scenario.

Conviction: Murder, Felony-Murder, Habitual Offender (trifurcated trial).

Sentencing: October 18, 1983 (Death Sentence).

Aggravating Circumstances: b (1) Robbery. Mitigating Circumstances: None.

On remand, the State withdrew its Application for Death Sentence, and added a count of Robbery (Class A Felony). A jury was selected in Marion County for retrial in Allen County. After 8 days of trial and 9 hours of deliberations, the jury found Charles Smith NOT GUILTY of all charges (Murder, Felony-Murder, Robbery). Allen County Superior Court, Judge John F. Surbeck, Jr..

Other details

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