Victim nets Alna mugger less time
On September 20, an Alna man admitted he robbed and assaulted Boothbay Harbor artist Kathleen Billis. Brandon Smith, 26, received 2 years in prison and his victim's forgiveness.
Billis' hope for Smith's future out of prison and off drugs led Portland Unified Court Justice Richard Mulhern to shave years off the time he had expected to give Smith.
Mulhern called Billis, 66, a “pretty amazing woman” and urged Smith not to squander her gift. If Smith does get into trouble again, Mulhern said he would make sure Smith serves “every single day” of the suspended, 5-year portion of the sentence.
Smith has been jailed for several months and will likely be freed in the first quarter of 2014, Mulhern said. The justice ordered 3 years' probation.
At the same hearing, Mulhern accepted a guilty plea from another Alna resident charged in the April 5 incident at Trader Joe's in Portland. Renee Monteiro had been charged with felony theft but, in a deal with the Cumberland County District Attorney's Office, she pleaded to misdemeanor theft. Monteiro will serve nine months and one day of a 364-day sentence, then be on probation 1 year.
In a series of compelling moments during the afternoon's proceedings, Billis and Smith spoke to the court and, at times, each other.
Smith said his drug problem has been “a roadblock” in his life, and that he hadn't intended to hurt Billis. “I am sorry. I don't expect to be forgiven,” he said as he looked toward her in the audience.
“You are,” she responded.
Earlier Billis asked Mulhern to be lenient in sentencing Smith and Monteiro. They're about the age of her own grandchildren, she said. In fact, when she first saw Smith just before he grabbed at her purse, “My first thought was, 'Oh, he looks like my grandson,'” she said.
“I don't think you should get off scot-free, but on the other hand I'd like to see you turn your life around,” she said to Smith. “Do you understand what I'm telling you?”
When he said he did, Billis said “I hope so. I really, really hope so.”
Billis described the serious toll her injuries have had on her, her family and her livelihood as an artist. “It was pretty scary for a long time... this is harder than anything I've had to come back from,” she said.
Following a shoulder replacement, her arm still isn't fully mobile. “I hope I get my painting life back,” she said.
Billis asked Smith how old he would be when released if he had to serve the 6 years the prosecution was recommending. About 31, he said.
“What a tragedy. A tragedy for you, for me, for everyone,” she said.
The 2 years Smith received covers both the robbery and aggravated assault convictions. Mulhern said he was “very moved” by Billis' compassion. “I think that speaks volumes about you as a person,” he told her.
In proposing 6 years' prison time, Assistant District Attorney Tracy Gorham had cited Smith's prior convictions she said included bad checks and shoplifting.
“His behavior appears to be escalating in severity. We're speaking about a crime that happened in broad daylight,” Gorham said of Billis' mugging.
The prosecutor commented later that the sentence Smith received “was completely within the court's right. I hope Mr. Smith takes advantage of the opportunity he's been given.”
As sentencings go, the level of compassion Billis showed was “pretty rare,” Gorham said September 21.
Smith's lawyer, William Avantaggio, said he will not be appealing the sentence.
Billis said she was thankful the justice took her words to heart and she hoped Smith and Monteiro did as well.
Smith's father Kenneth Smith of New Sharon said he was “very relieved” by the sentence Mulhern gave his son. In court, he told the justice that without drugs, his son can be “a kind, caring human being... a totally different person” than someone who could commit such a crime. “His drug dependency is what made him do that,” he said.
Another man remains charged with robbery and aggravated assault in the Billis case. Jury selection for the trial of Douglas Schneider, 24, of Exeter, N.H., is set for November 26. The date was postponed from this month after Schneider changed lawyers.
There “may be opportunities” to resolve the case before trial, Schneider's new lawyer Timothy Zerillo wrote to the court.
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