Man Acquitted In Federal Judge's Shooting Gets 65-90 Years In Prison

DETROIT (WWJ) - A 23-year-old man who was acquitted in the shooting of a federal judge in Detroit could end up spending the rest of his life behind bars.

Kevin Smith was sentenced Wednesday to spend a minimum of 65 years, no more than 90 years, in prison for conspiracy to commit armed robbery -- fourth offender habitual. Smith, who was acquitted of armed robbery and assault with intent to murder in the shooting of Judge Terrance Berg, was also sentenced on weapons charges, and ordered to pay $2,560 in fees.

Smith addressed the court before learning his punishment, again pleading his innocence.

"My condolences go out to the victims, or whatever, but I didn't rob all these people, or whatever," Smith said. "And I just want to tell people to be safe out there because these same guys that admitted to 20 robberies, 18 robberies are fitting to be out here in five years. So I just want to tell the community to be safe about that."

Wayne County Assistant Prosecutor Bob Moran asked the Judge Timothy Kenny to impose a maximum sentence, saying Smith had a careless attitude and obvious disregard for the criminal justice system.

"He was on parole for home invasion. Freshly 15 minutes out of prison, he decides that he's going to buy a gun, he decides that he's going to continue his criminal ways, not by doing home invasions -- which is what got him to prison in the first place -- but by victimizing senior citizens. By buying a gun and robbing people," said Moran.

In handing down the sentence, Judge Timothy Kenny said he needed to protect the community "from this evil."

"With masks to conceal their identities, with laser assisted guns, this band of vicious criminals carefully selected elderly and vulnerable victims and this band was led by the defendant," said Kenny. "He led his band of criminals on a rampage through a west side neighborhood, intent on spreading fear and evil, and we cannot and will not sit quietly and idly by and let gangsters attempt to destroy a neighborhood."

Kenny said Smith shouldn't have been out on the streets to begin with.

"While he was in prison for a period of 30 months, he accumulated 22 major misconducts and for some reason the parole board decided that someone with 22 major misconducts in 30 months should be paroled," he said. "And the result of that is that Mr. Smith was paroled for less than a month and was back orchestrating this rampage."

Smith's defense attorney said he plans to appeal the sentence.

Police say, on a Thursday night in March 2015, Judge Berg was taking out the garbage in front of his home — on Oak Drive, near 7 Mile and Livernois, on the city's northwest side — when he was confronted by Smith and another man.

The suspects allegedly told Berg that he was being robbed and that they did not want to kill him. They then tried to force the 55-year-old back into his house. When a struggle ensued, one of the suspects opened fire, striking Berg in the right thigh.

Smith maintained his innocence, stating he wasn't the one who pulled the trigger, and Berg testified that he couldn't state with certainty that Smith as the shooter. Investigators have said they do not think that Berg was intentionally targeted.