Ray Carlos Smith accused of beating his mother to death
Houston Judicial Circuit District Attorney Kelly Burke announced Tuesday his intention to seek the death penalty for Ray Carlos Smith.
Smith, 44, was indicted Tuesday on multiple counts in the murder of his mother, Geneva Smith, 78, on Oct. 15, 2004, at her home at 104 Vinson Drive, as well as the theft of a pickup and a utility trailer from Gwinnett County.
Before noon on Oct. 16, 2004 – while investigators were examining evidence and patrol officers were securing the scene – Smith reportedly came to the residence and spoke to a family member. A patrol officer securing the crime scene questioned him.
Investigators reportedly discovered later that the name Smith gave to the officer was phony. After further investigation that afternoon, officers found out that Smith was staying in a hotel on Watson Boulevard arrested Smith Friday at the hotel around 8:30 p.m.
He was booked for murder, theft by receiving and giving a false name to law enforcement officers. Smith also has an arrest record in Houston County and in other cities in Georgia, police said.
At the appropriate time prior to arraignment for this indictment, Burke said, the state, defense and court will meet pursuant to Rule II of the Unified Appeal Procedure, at which time the state will formally serve the defendant with the required notification setting out the state's intention to seek the death penalty. The court will schedule that hearing.
“As this case involves the State's intention to seek death, the District Attorney's Office will not be able to comment other than on the procedure, hearing dates and indictment,” Burke said. “All other comments will be restricted to the evidence and arguments as presented in open court.”
The indictments from the grand jurors on Tuesday, in the name and behalf of the citizens of Georgia, charge and accuse Ray Carlos Smith with malice murder, felony murder, aggravated battery (two counts), aggravated assault (two counts) and theft by receiving (two counts). The indictments further explain each charge.
Smith is accused of malice murder for unlawfully and with malice aforethought causing the death of Geneva Smith by beating her with his hands and feet, resulting in her death.
The felony murder charges accuse Smith of unlawfully and without authority during the commission of a felony – aggravated battery – causing the death of his mother by striking her and causing cranial cerebral trauma (brain injury), thereby rendering a member of her body useless. The first aggravated battery charge accuses Smith of maliciously causing bodily harm to his mother, a person 65 years of age or older, by rendering a member of her body useless, by striking her causing cranial cerebral trauma (brain injury). The second aggravated battery count accuses Smith of maliciously causing bodily harm to his mother, a person 65 years of age or older, by rendering another member of her body useless, by kicking her resulting in broken ribs.
The first aggravated assault count accuses Smith of unlawfully making an assault upon his mother, a person 65 years of age or older, with intent to murder. The second aggravated assault charge accuses Smith of unlawfully making an assault upon her with his hands and feet, which constituted a deadly weapon due to the manner in which they were used on the victim.
The first count of theft by receiving stolen property accuses Smith of unlawfully receiving stolen property, a 2003 Toyota Tundra, the property of another as owner or custodian, with the intention of depriving said owner or custodian of the use or possession of said property, when the accused knew or should have known that said property was stolen.
The second count of theft by receiving is for unlawfully receiving stolen property valued over $500, a utility trailer, with the intention of depriving the owner or custodian of the use or possession of said property, when the accused knew or should have known that said property was stolen.
