Sherry Lynn Smith v. State

Citation: Not availableDocket: 13-05-00714-CR

Court: Court of Appeals of Texas; November 12, 2008; Texas; State Appellate Court

Original Court Document: View Document

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Sherry Lynn Smith appeals a ruling from the 278th District Court of Grimes County, Texas, arguing that the non-accomplice evidence presented does not sufficiently connect her to the alleged crime. The majority opinion concurs with her view, stating that the non-accomplice testimony fails to adequately link her to the offense. Justice Vela, dissenting, contends that the record contains more than minimal non-accomplice evidence connecting Smith to the crime and would therefore overrule her argument, not granting a judgment of acquittal.

The dissent outlines the standard for reviewing accomplice-witness testimony, which requires corroboration by other evidence linking the defendant to the crime. The corroboration must be more than just evidence of the crime itself and can include various forms of evidence that, when taken together, tend to connect the accused with the offense. The dissent emphasizes that the threshold for sufficiency of corroboration is low, as per Texas case law, and that even minor details can provide satisfactory evidence of guilt. Each case must be evaluated based on its specific facts, and independent evidence that supports the truth of the accomplice's testimony is deemed corroborative, regardless of its significance.

Corroborating evidence can be either circumstantial or direct, as noted in legal precedents Reed and Granger. Sherry Lynn Smith, formerly married to Daniel "Boone" Gardner and mother of Tori Sword, reported the deaths of her husband Carey Smith and his father Charles Smith on December 7, 2002. Both were found shot in their bedrooms without evidence of murder-suicide. 

Sherry had a strained relationship with Carey and Charles, characterized by frustration and tension. Tori Sword testified to Sherry's unhappiness with their oversight of her life and her contemplation of leaving Carey. Jerry Simcik, a nurse, noted significant household stress, and Teresa Knott highlighted the increasing demands of caring for Charles.

Regarding property rights, attorney Fred Neal prepared wills for both Carey and Charles, with Sherry named as the executor of Carey’s estate. Because Charles predeceased Carey, Sherry would not inherit from him directly, although Neal clarified that a layperson might misconstrue the wills to imply Sherry would inherit if both men died.

Before the murders, Sherry expressed to others her belief that she would eventually inherit the Smith residence after the deaths of Carey and Charles. She made comments to a respiratory therapist about the property being hers and told Tori that Charles was not long for this world, implying that Carey's death would follow.

Additionally, Sherry rekindled her relationship with Boone, showing a desire for his attention and affection, which Tori observed. Financially, Sherry was in distress, admitting to over $42,000 in credit card debt, which Carey was unaware of, and had incurred debt in his name. This financial strain was acknowledged in a police interview shortly after the murders.

Tori testified about her interactions with Sherry on December 6-7, 2002, highlighting Sherry's unusual anger when Tori was late to pick up her son Logan. Sherry was babysitting Logan at the Smith home; she wore a house coat, which Tori noted was typically worn by Sherry but was never seen again after the murders. Following the deaths of Carey and Charles, Sherry's behavior was atypical for someone grieving; both she and Boone discouraged Tori from speaking to police, expressing concern about incriminating Sherry. 

On the day of the murders, Sherry claimed she babysat Logan until 1:00 a.m. and left for Wal-Mart around 4:00 a.m. She arrived at Wal-Mart at 5:15 a.m. and later visited a friend before returning to Tori's home to pick up Logan's medicine. At the murder scene, Sherry displayed suspicious behavior; upon discovering her husband Carey, she noted he had blood coming from his nose but did not attempt to check on his condition or call for help. She also expressed a belief that Charles was dead without attempting to verify his state or noting any blood in his bedroom. These actions contributed to a perception of her involvement in the murders, leading to her arrest in March 2003, along with Boone.

Sherry informed a 911 dispatcher at 4:30 p.m. on December 7 that Carey and Charles were dead, without explaining how she knew this. She could only have concluded their deaths if she possessed prior knowledge before returning to the Smith home that afternoon. Evidence shows Sherry was alone with Carey and Charles from approximately 1:00 a.m. until she left for Wal-Mart at around 4:00 a.m., providing her the opportunity to commit the murders and dispose of the guns, including the murder weapon. Her subsequent activities, which included visiting various locations before returning home, suggest an attempt to create an alibi. Sherry did not mention leaving a note for Carey and Charles regarding her whereabouts.

During her initial interview, Sherry identified several guns that should have been at the Smith home, including one in a black gun case. When informed that no black gun case was found, she inquired if the guns were missing. A firearms examiner noted that bullets recovered from the victims shared characteristics with a .25-06 rifle owned by Boone, though he could not definitively link them to that weapon.

Sherry's demeanor during the interview was inconsistent with that of a grieving person. She did not display typical signs of distress, such as crying, and even laughed at times. Sherry consented to have her clothing tested, which revealed traces of blood on her pant leg. DNA analysis indicated that the blood matched her profile and was likely associated with Carey, presenting a 1 in 195 chance that Carey contributed to the DNA found. The analysis concluded that independent evidence, aside from accomplice testimony, suggests someone committed the murders of Carey and Charles.

Sherry's interactions with Boone before, during, and after the murders of her husband, Carey, and father-in-law, Charles, provide critical circumstantial evidence. Key points include Sherry's significant credit-card debt of $42,000 unknown to Carey, her expressed desire to leave him, her romantic feelings for Boone, and her potential inheritance of the Smith residence upon their deaths. While motive alone isn't enough to corroborate accomplice witness testimony, it can be combined with other evidence. 

Sherry's presence at the crime scene is supported by her claim of being alone with Carey and Charles for three hours before leaving for Wal-Mart, during which both victims were found shot in their beds, suggesting they were killed while asleep. Additionally, DNA evidence from a stain on Sherry's clothing matched her profile and correlated with Carey's DNA, linking her to the crime. 

Her reaction upon discovering the victims' bodies and her attempt to establish an alibi by leaving the Smith home early and returning late are viewed as suspicious behaviors that further connect her to the murders. Collectively, these factors could corroborate Boone’s testimony and support a conviction. Further, Sherry's extrajudicial confession could also serve as corroborative evidence.

A suspicious alibi for Sherry connects her to the murders, particularly highlighted by Tori's observation of Sherry in a distinctive pale house coat, which Tori did not see again after the crimes. This supports Boone’s testimony that Sherry mentioned having guns before the murders and that Boone heard a vehicle near Tori’s house early on the morning of the murders. Later, Boone found guns on his trailer, including one wrapped in a similar bathrobe. Ballistics evidence showed the bullets from the victims matched characteristics of a 25.06 rifle linked to Boone, suggesting it may have been the murder weapon. Boone identified the gun wrapped in the bathrobe as a 25.06 with spent shells, further corroborating Sherry’s involvement. The totality of this evidence, including Sherry’s presence at the crime scene and the corroborating details from non-accomplice testimonies, indicates sufficient grounds to connect her to the offense, either directly or as a party. Thus, the dissent concludes that the evidence sufficiently supports the claim that Sherry committed the murders of Carey and Charles.