Vernon Lamont Smith

Case identification

Vernon Lamont Smith n/k/a Abdullah Sharif Kaazim Mahdi was convicted in Lucas County of aggravated murder and aggravated robbery and was sentenced to death.

Timeline

• May 26, 1993 — Vernon Lamont Smith (n.k.a. Abdullah Sharif Kaazim Mahdi) met up with Herbert Bryson and Lamont Layson to discuss committing a robbery at a dirt basketball court in a park at Highland and Maplewood in Toledo; the group then targeted the Woodstock Market at the corner of Woodstock and Avondale.
• May 26, 1993 — Smith and Herbert Bryson robbed the Woodstock Market; Smith shot store owner Sohail Darwish once in the chest during the robbery, and Darwish bled to death.
• June 9 — Police detective Dennis Richardson received information that persons possibly involved in a homicide were incarcerated in the Sandusky County Jail and, based on this and other information, created an eight-man photo array including a photo of Herbert Bryson.
• June 10 — Osand Tahboub viewed the array and selected Bryson’s photo as “not the guy with the gun, but the other guy.”
• Approximately two weeks after the murder — Smith was arrested and then indicted by the grand jury in the Darwish murder.
• March 22, 1994 — Smith was sentenced to death.
• 2010 — Smith was executed by lethal injection in Ohio on January 7, 2010.
• 2001 — Accomplice Layson was paroled (date given as paroled in 2001).

Background

Sohail Darwish owned and operated a small store called the Woodstock Market in Toledo. Smith and Bryson made plans to rob the store and entered together.

Smith converted to Islam and legally changed his name to Abdullah Sharif Kaazim Mahdi while on death row.

The offence

On the evening of May 26, 1993, Smith met up with Herbert Bryson and Lamont Layson at a dirt basketball court in a park at Highland and Maplewood in Toledo. The trio discussed “hitting a lick,” i.e., committing a robbery. Layson remained in the car while Smith and Bryson went to the Woodstock Market at the corner of Woodstock and Avondale.

Jeremiah Bishop, who was two houses down from the Woodstock Market, saw Smith and another person enter the carryout. Bryson testified that after he and Smith entered the carryout, they noticed only two people in the store behind the counter. Bryson asked about a type of beer. Darwish retrieved a forty-ounce beer bottle from the cooler and placed it on the counter.

As Darwish was ringing up the sale on the cash register, Smith brandished a black gun and ordered Darwish to:

“[o]pen the cash register, motherfucker.”

Darwish put his hands up in the air and did not resist. Bryson went behind the counter and hit several buttons on the cash register trying to open it, then ordered Darwish to open it, which Darwish did. Darwish put his hands back up in the air.

Osand Tahboub, a former co-worker visiting Darwish at the carryout, testified that the gunman then told Darwish:

“[m]ove and empty your wallet, motherfucker.”

As Darwish was reaching for his wallet, Smith fired a single shot, hitting Darwish in the chest. Smith then ordered Tahboub to empty his wallet as well, and the two assailants fled the scene.

Darwish was able to push the alarm button before he fell to the floor. As a result of the single gunshot wound to the upper left side of his chest, Darwish bled to death.

After Smith and Bryson left the carryout, Layson noticed Smith holding a gun when Layson and Bryson climbed back into the automobile. According to Layson, Smith complained:

“Dang, I forgot the beer.”

When Bryson asked Smith “why did he do it,” Smith replied that he shot Darwish:

• “in the arm” because “he moved too slow,” and
• “He took too long * * * [o]pening the cash register.”

According to Layson, Smith then said:

“[F]uck him, he in our neighborhood anyway. He shouldn’t be in our neighborhood with a store no way.”

Later, Smith and Bryson split the money taken in the robbery, which was apparently over $400. They also gave Layson all the stolen food stamps from the robbery plus $50.

Investigation

On June 9, approximately two weeks after the murder, police detective Dennis Richardson received information that persons possibly involved in a homicide were incarcerated in the Sandusky County Jail. Based on this and other information, Richardson made up an eight-man photo array including a photo of Herbert Bryson to show to Tahboub.

On the next day, after viewing the array, Tahboub selected Bryson’s photo as “[n]ot the guy with the gun, but the other guy.”

Based on that selection and the fact that computer records showed Smith as a known associate of Bryson, Richardson compiled a second photo array including a picture of Smith. Richardson showed Tahboub the second photo array, and Tahboub immediately selected Smith’s photo as that of the gunman.

Consequently, Smith was arrested, and along with Bryson and Layson, was indicted by the grand jury in the Darwish murder.

Arrest and indictment

Approximately two weeks after the murder, Smith was arrested and then indicted by the grand jury in the Darwish murder.

Smith was charged in count one with aggravated felony-murder during an aggravated robbery. A death penalty specification attached to count one alleged that Smith was the principal offender in the aggravated murder during a robbery.

A second count charged Bryson and Layson with aggravated felony-murder during an aggravated robbery. Counts three through five charged all three defendants with aggravated robbery of the carryout, Darwish, and Tahboub respectively. All five counts carried firearm specifications.

Trial

Prior to trial, defense counsel informed the trial judge that the prosecution had offered Smith a plea bargain to avoid the death penalty; Smith declined the plea offer contrary to counsel’s advice.

A jury trial was held. Bryson and Layson testified for the state as a result of plea agreements. Bryson testified that Smith fired the gunshot causing Darwish’s death. Layson testified that Smith exhibited no remorse when he admitted that he had shot the carryout owner. Tahboub testified and identified Smith as the murderer.

The defense presented no witnesses and made no closing argument at the conclusion of trial. After deliberation, the jury found Smith guilty as charged. The jury recommended death, and the court imposed the death sentence.

Mitigation

At the mitigation hearing, several witnesses testified on Smith’s behalf, including his wife, Grace Smith; his mother; and a psychologist, Robert Kahl.

In Kahl’s opinion, Smith suffered from a mental illness, but Kahl was unable to identify it specifically because he was unable to complete the evaluation due to Smith’s lack of cooperation during the interview process.

Smith’s mother testified that Smith’s biological father was never around during Smith’s childhood. She also testified that Smith’s stepfather physically abused her in front of the children, including Smith.

Grace Smith testified that Smith broke down and cried one or two days after the murder and told her that it was an accident and that he didn’t mean to do it.

During the mitigation testimony, Kahl also described Smith’s watch of the movie “Menace II Society” and testified about parallels between the film and the crime. Kahl opined that Smith’s viewing of what occurred in the movie related to the similar crime Smith committed later that day. Kahl also opined that Smith became psychotic for a temporary period of time when confronted with intense feelings and high stress.

Sentencing

Smith was sentenced to death in the Court of Common Pleas in Lucas County. The presiding judge was James D. Bates, and the prosecuting attorney was Anthony G. Pizza and Chris Anderson.

The conviction and sentencing are described as including:

• Count 1: Aggravated Murder (Death)
• Count 3 & 4: Aggravated Robbery (8-25 years)
• Count 5: Aggravated Robbery (7-25 years)

The Supreme Court of Ohio affirmed the conviction and sentence.

Appeals

On direct appeal, the Supreme Court of Ohio affirmed. The appellate review included determinations regarding ineffective assistance of counsel, competency hearing issues, jury instructions regarding involuntary manslaughter, errors in jury instructions regarding weighing of aggravating circumstances and mitigating factors, and whether the aggravating circumstance outweighed mitigating factors beyond a reasonable doubt.

A dissenting opinion in the Ohio Supreme Court addressed Sixth Amendment effective assistance of counsel related to failure to voir dire the jury on racial issues.

Subsequently, Mahdi filed a federal habeas corpus petition. The Court of Appeals affirmed the denial of habeas relief, holding that trial counsel’s failure to voir dire prospective jurors on racial and religious bias was reasonable trial strategy and that the state court weighed residual doubt as a mitigating factor.

Outcome

Vernon Lamont Smith was executed by lethal injection in Ohio on January 7, 2010.

His final statement was:

"There's no god but God, and Mohammed is his prophet."

The prison execution process used thiopental sodium as a one-drug protocol. Smith was pronounced dead at 10:28 a.m.

Accomplice Herbert Bryson and accomplice Lamont Layson pled guilty and testified against Smith at trial.

• Accomplice Bryson was sentenced to 8-25 years for Involuntary Manslaughter.
• Accomplice Layson was sentenced to 10-25 for Aggravated Robbery and paroled in 2001.

Aftermath

Charlotte Darwish, the widow of Smith’s victim, and her daughters witnessed the execution.

Smith spent final hours of life in prayer with a pair of Islamic imams and on the phone throughout the night and wee hours of the morning with family and a friend. He fasted Wednesday from sunrise to sunset and later broke the fast with a special meal of whole and chopped dates and hot tea with lemon and honey. He also had a miswak and olive oil that he used to lubricate his beard.

Smith wrote two letters to unidentified individuals that he asked be mailed after his death.

Final words were recorded as:

Inmate identification information included:

• Inmate#: OSP #A288-960
• Inmate: Vernon Lamont Smith n/k/a Abdullah Sharif Kaazim Mahdi
• DOB: April 7, 1972

Legal citations and case references

• State v. Smith, 89 Ohio St.3d 323, 731 N.E.2d 645 (Ohio 2000) (Direct Appeal)
• Mahdi v. Bagley, 522 F.3d 631 (6th Cir. 2008) (Habeas)