Steven Smith, the man who sexually assaulted a six-month-old baby girl to death, is asking for mercy, according to The Associated Press. Smith admits that he wanted to sexually assault the girl, but that he did not intend to kill her.
Autumn Carter, from Mansfield, died as a result of Smith being too drunk to notice his sexual assault was killing her, according to Smith’s attorneys. They were planning to tell this story to the Ohio Parole Board this week.
“The evidence suggests that Autumn’s death was a horrible accident,” his attorneys, Joseph Wilhelm and Tyson Fleming, said in a written argument. “Despite the shocking nature of this crime, Steve’s death sentence should be commuted because genuine doubts exist whether he even committed a capital offense.”
Smith was not charged with sexual assault, which means that the jury either had to convict him or acquit him of aggravated murder, according to his attorneys. James Mayer, the Richland County prosecutor, said that Smith is hiding behind the alcohol as an excuse. He described Smith’s actions as “the purposeful murder of a helpless baby girl.”
“The horrific attack upon Autumn Carter showed much more than Smith’s stated purpose,” Mayer wrote to the board.
The incident occurred on September 29, 1998 in the apartment of the girl’s mother, Kaysha Frye. Smith had been dating Frye for six months. Frye woke up that morning at 3 a.m. when Autumn was placed next to her bed by Smith, who was naked. Frye noticed her daughter was not breathing and told Smith he killed her.
Smith’s blood-alcohol content was .123 after having multiple beers earlier that day. He is known to drink at least 12 beers per day. The alcohol limit was tested eight hours after the incident.
Doug Berman, an Ohio State University professor of law, said, “But if the lawyers for this defendant can legitimately assert that the evidence doesn’t show or support that this was an intentional killing, not only is it appropriate to bring this up at clemency, I think they’re obliged, representing their client appropriately, to stress this point.”
This makes me sick! Steven Smith should be put to death for this horrible crime. He raped a baby to death. It doesn’t get worst than this.
The mother should also be held responsible for not protecting this child. This is horrendous !
This is sickening, but legally interesting. Ohio Statute states that aggravated murder is:
(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another’s pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of another’s pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.
The problem seems to stem from the “purposely” portion of this statute, as the purpose was not that of murder, but of rape. However, it could be proven that the purpose of rape was unquestionable. Now, we would have to look at what the “average” raping of a 6 month old girl would be like. This is disgusting, but this is criminal law. I am sure that even if an “average” raping could be ascertained, it would be very clear that the raping of a small child of that age could, to the reasonably prudent person, possibly lead to the death of that child. Think of it this way: Point a gun at someone, and yell I don’t want to kill you, but you pull the trigger anyway. The bullet might not kill the person, but if the person dies, it would be a reasonable assumption that the bullet is what killed that person. Would aggravated murder not be applicable in Ohio because the stated purpose was not to kill the person, even though a well recognized situation of harm or death was at hand? I would try to argue that the charge should stick. Think of how the law would be served in this sense. I believe that it would set a good precedent for the state court, and would also serve as a good public message.
THIS MAN DESERVES TO DIE!! WHAT HE DID WAS WRONG!!! ANYONE WHO RAPES A CHILD OR CHILDREN SHOULD BE PUT TO DEATH!!! SO THEY DON’T DO IT AGAIN!!!!!!